How Human Resource Deal with Discrimination

Discrimination is the act of making unjustified distinctions between people based on groups, classes or categories to which they are perceived to belong. People may be discriminated on the basis of race or ethnicity, name, gender, age, religion, caste, disability, language, nationality, sexual orientation, region, religious belief and reverse discrimination. This basically occurs when an individual is treated unfavorably in a way which is worse than other people are treated. Discrimination can also extend to withholding employment opportunities from an employee because of his or her relationship with someone of a certain race, religion or ethnicity.

Fig.1. Human Resource Deal with Discrimination 

Human Resource Management is primarily concerned with recruitment hence, Human Resource departments are forced to focus more on aggressive recruitment. Their efficiency is measured by the number of personnel hired within a specific period. Very few efforts are actually taken for training and development of these recruits or setting compliances and regulations for the work environment. If there are any complaints, be it about sexual harassment, unfair treatment due to racism, sexism or favoritism, the Human Resource department should take the right measures to solve these problems. In some cases, the accused are at senior positions who have a proven track record of achieving success. At such times the Human Resource hesitates to take action against due to lack of policies against inappropriate behavior at the workplace. They either try to push the dirt under the carpet or pressurize the victim into withdrawing their complaint instead of taking action against the accused. No matter how senior the accused is, the same rules and regulations should be applicable to everyone.

Dealing with human resources issues of discrimination requires a combination of Proactive and Reactive measures: Proactive measures include demonstrating good faith efforts to prevent workplace discrimination and harassment and embracing Human Resource best practices for addressing discrimination while Reactive measures are measure that alter the response under investigation. For example, if participants are aware of being observed, their reactions may be influenced more by the observer and the fact of being observed than by the stimulus object or situation to which they are ostensibly responding. Discrimination is an inevitable and unfortunate consequence, given the level of diversity, varied work styles, generations and personalities in the workforce.

Discrimination complaints can be particularly costly which is not always equipped with the legal resources to deal with such issues. Defending a formal charge of discrimination involves a significant amount of time, expense and attorney fees and can damage the company’s reputation, affecting your ability to recruit talent in the future. Employers develop ways to deal with Human Resource issues of discrimination through creating basic workplace principles based on mutual respect and adherence to laws that prohibit discrimination. This incident can be prevented by implementing policies to prevent discrimination at all levels and promptly investigating any allegations of discrimination:

*  Write and enforce clear workplace policies that prevent discrimination by providing training on the policies for all employees and ensure that supervisors and managers are aware of their roles and responsibilities in the complaint process.

*  Publicize the internal complaint process. Place notices on employee bulletin boards and send out periodic reminders to staff. Encourage employees to raise complaints, no matter how trivial they may seem. Resolving issues at the lowest possible level is much cheaper and more effective than allowing situations to escalate.

* Conduct an immediate investigation into discrimination complaints that you receive. Interview the complainant, any relevant witnesses and the individual accused of discrimination. Admonish each employee that the company does not tolerate discrimination or retaliation. Instruct employees to keep the investigation confidential.

* Gather physical evidence of discrimination, such as emails, notes and memoranda. Produce statistics when necessary; for example, if you are accused of age discrimination in hiring, produce proof that the successful candidate is older than the applicant or statistics showing the percentage of current employees aged 40 or older.

* Remain neutral until all interviews have been completed, evidence has been collected and a final determination has been made. The investigator’s objectivity is critical to conducting an investigation that is fair, impartial and based upon the facts.

* Take appropriate action depending on the findings of your investigation. Corrective action could range from workplace training to termination, depending on the severity of the discriminatory actions.

*  Notify the complainant about the results of the investigation. You cannot provide comprehensive details because you have a responsibility to other affected employees to keep personnel information confidential. However, you can inform the complainant that the allegation was substantiated and corrective action was taken.

*  Offer additional resources, such as a referral to an employee assistance program, to help the complainant deal with the discrimination. Consider temporarily moving the alleged perpetrator during the investigation; when the investigation concludes and if the allegations are confirmed, you may wish to relocate that worker on a permanent basis. 

Fig. 2. Workplace Discrimination - Types & Examples

How Human Resource can protect employees against harassment & discrimination?

Recruitment policy: The effectiveness of Human Resource department is not measured by numbers alone. They need to also determine if the recruit will be suitable for the company. Individuals with a criminal record or history of allegations/cases of harassment or discrimination from their previous company are a potential red flag. The Human Resource should conduct strict background checks for every applicant irrespective of their race, nationality or gender to avoid discrimination all the while conforming to legal procedures of the country.

Eradicate discrimination: One company has a very strict policy when it comes to recruiting. It has made it mandatory that there should always be a 1:1 ratio of men and women in the organization. Such policies are very useful in ensuring everyone is treated fairly.

Providing a clear path for advancement: Employees have become more aware of their career and growth prospects. They prefer to work for companies where they can see a clear path where they are headed in the near future. Being ambitious, they do not hesitate to look for better options if they feel the company is not suited for their growth. Human Resource can create policies to protect such employees from unfair practices.

Training and Development: These initiatives are one of the surest ways to educate employees about the different types of harassment and discrimination that can take place in the organization and how to handle those situations. There should be a formal procedure to file complaints against erring individuals irrespective of their rank in the organization. Human Resource should ensure that after a thorough investigation, timely action is taking against those accused after the complaint is filed.

Here are some suggested tips for handling, if you receive a complaint of discrimination:

-  Follow the established procedures from your policy
-  Treat the employee making the complaint with respect and compassion
-  Don’t become angry at the complaining employee
-  Become familiar with the law if you are unfamiliar
-  Make sure you investigate it. Don’t assume that it couldn’t possibly be true.
-  Interview all people involved. Take extensive notes
-  It is against the law, don’t retaliate.
-  Try and determine any corroboration or contradiction
-  Consider bringing in outside help
-  Take the appropriate action once all information is gathered
-  Keep it confidential

Creating a work environment free of discrimination and harassment is not an easy job, and it is important that Human Resource put in all efforts to eliminate as many gray areas as possible. As an employer, you may think of a satisfactory salary and numerous other financial benefits as the ultimate motivational factor to employees. However, creating a pleasant and affirmative environment should be among your top priorities if you want to bring productive and happy employees to the organization. Human Resource is not just a solution to staffing and recruitment needs of an organization. It plays a far more important role in protecting employees and ensuring their wellbeing in the organization.

****

References:

David R. Williams, “Racial Differences in Physical and Mental Health: Socio-economic Status, Stress and Discrimination”, 1997

Williams, D.R., Neighbors, H.W., and Jackson, J.S. “Racial/Ethnic Discrimination and Health: Findings from Community Studies”, 2003

Byrd Davis Alden & Henrichson, LLP, “Proavtive and Reactive Measures in a Workplace”, 2019

Tia Benjamin, “How to Deal with HR Issues of Discrimination”, 2006

Brenda Hernandez, “How to Prevent Discrimination in The Workplace: The Best Tips for A Safe Work Environment”, 2022