An employer that wants to avoid liability for discrimination must follow a four-step process.
First, the employer must put into place policies that: (1) prohibit discrimination in the workplace; and (2) encourage employees to come forward if they have a complaint of discrimination or are aware of possible discrimination.
Second, the employer must ensure that all supervisory employees receive the training necessary to identify and avoid discriminatory conduct.
Third, the employer must promptly address and resolve any allegation of discrimination that may arise. The employer should consult with experienced counsel during this process.
Finally, the employer must retain competent counsel to represent it if a demand letter has been received from an attorney, or a formal complaint has been filed with a government agency or a court.
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