Policies

It is recommended an employer develop and provide comprehensive policies regarding discrimination and harassment to its employees. These policies should include notification of how and where an employee can submit a complaint, as well as reassurances against retaliation.

Developing, distributing and consistently enforcing employee policies may help:

• Employees understand and comply with rules/expectations;
• Prevent issues that may result in discrimination complaints; and
• Limit employer liability should a complaint arise. 

What is Disparate Impact?

This occurs when policies that appear to be neutral have a disproportionate impact on a protected group.

Example: Promotions based upon seniority: While it may aid to advance those with the most knowledge, experience and time with the company, it may disproportionally affect younger employees who are otherwise qualified.

Leave Policies

A policy regarding employee leave should explain:

1. Under what circumstances leave is available;
2. Eligibility requirements for leave;
3. Procedure for requesting leave; and
4. Responsibilities of the employer and employee before, during and after the leave period.

Employers are required to provide medical or religious leave even in the absence of a leave policy, unless doing so would be a significant hardship for the business.  

Reasonable Accommodation Policies

The policy should:

1. Explain that the employer provides reasonable accommodations to applicants and employees for medical or religious reasons; 
2. Identify contact information for those responsible for processing accommodation requests; 
3. Require management to respond promptly and effectively to requests; 
4. Explain circumstances in which the employer may need to request additional information; and
5. Require management to keep any medical information received confidential