Two Approaches to Compliance
1. Adverse Employment Actions
Go back to Square 1 of your basic civil rights rules
Conduct regular, written job performance evaluations
Make employment decisions based upon neutral, performance-based criteria
Carefully document all employment decisions
2. Hostile Workplace Environment
Institute a ZERO tolerance policy with respect to prejudicial/homophobic comment and/or conduct
Conduct mandatory diversity training in conjunction with policies
Uniformly enforce the ZERO tolerance policy
Develop a state-of-the-art Policy
Possible harassment / Prohibit condoning
Beware of over-definition
Clarify that Submission can never be a condition of employment
Immediate Reporting is mandatory
Reporting, intervention and discipline may be triggered by conduct short of "harassment"
Include "Outsiders"
Include effective reporting procedure
Beware of promises of confidentiality
Prompt investigation
Effective Corrective Action
Prohibit retaliation
Reporting retaliation is mandatory
Mandatory Steps for Protection
Disseminate the Policy
Employees must sign off on the policy
Your Greatest Risk of Liability:
Closing your eyes
Shutting your ears
Failing to respond
Operate with your employees using the same rules of caution that you already use to eliminate other types of discrimination in the workplace.
Use neutral, performance-based criteria for personnel decision-making.
Do not tolerate harassment.
When in doubt, check with the HRC or legal counsel.