An HR team’s primary focus should be the prevention of age discrimination through appropriate procedures and policy, education, and the creation of a culture that supports a positive multi-generational work environment. In fact, the best response to a discrimination claim may be a review of the current prevention plan and policy. An organization must determine whether all protocols were followed and whether any adjustments need to be made at the organizational level to prevent future claims. The first prevention measure that an HR team should take is to ensure that job advertisements and employment applications do not put an organization at risk. Employers cannot include age preferences in such documentation or hiring decisions (Cavico
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For example, if an organization is considering a reduction in force (RIF), they should use statistical analysis to determine whether the proposed RIF has a greater negative impact on a protected class, such as employees 40 years and older (Cavico & Mujtaba, 2012). Analyzing the data before a decision is made allows an organization to make proactive adjustments to the plan and avoid even non-intentional discrimination. Even before the termination of a single employee, HR should assess the legal risk by determining whether the employee resides in a protected class and verifying whether the manager has a strong non-discriminatory case for …show more content…
The right response plan could not only limit damages in a lost case, but it could even lead to a successful defense. Grossman (2009) stressed the importance of a prompt and civil response to any demand letters. Demand letters generally come from the complainant’s lawyer with the intention of notifying HR of the situation and providing suggestions to settle the problem and avoid a filing with the EEOC (Grossman, 2009). Grossman (2009) stated that 25-30 percent of HR professionals that receive demand letters ignore them and, if they do respond, they respond in an inflammatory way, which only escalates the situation. Organizations must respond to any EEOC charge letter within 60 days with a position statement (Grossman, 2009). HR professionals should not respond with pride or automatically assume that the accusations are fabricated. Full cooperation should be given to EEOC officials. By responding in a civil manner, they may be able to come to an appropriate agreement with the employee and avoid unnecessary
For example, if an organization is considering a reduction in force (RIF), they should use statistical analysis to determine whether the proposed RIF has a greater negative impact on a protected class, such as employees 40 years and older (Cavico & Mujtaba, 2012). Analyzing the data before a decision is made allows an organization to make proactive adjustments to the plan and avoid even non-intentional discrimination. Even before the termination of a single employee, HR should assess the legal risk by determining whether the employee resides in a protected class and verifying whether the manager has a strong non-discriminatory case for …show more content…
The right response plan could not only limit damages in a lost case, but it could even lead to a successful defense. Grossman (2009) stressed the importance of a prompt and civil response to any demand letters. Demand letters generally come from the complainant’s lawyer with the intention of notifying HR of the situation and providing suggestions to settle the problem and avoid a filing with the EEOC (Grossman, 2009). Grossman (2009) stated that 25-30 percent of HR professionals that receive demand letters ignore them and, if they do respond, they respond in an inflammatory way, which only escalates the situation. Organizations must respond to any EEOC charge letter within 60 days with a position statement (Grossman, 2009). HR professionals should not respond with pride or automatically assume that the accusations are fabricated. Full cooperation should be given to EEOC officials. By responding in a civil manner, they may be able to come to an appropriate agreement with the employee and avoid unnecessary