Discrimination in the workplace takes many forms, but while some types of discrimination are readily apparent, others may be less obvious. As HR professionals, it’s important to spot the signs of both overt and subtle discrimination to maintain a positive work environment.
Many of the Forbes Human Resources Council members have come up against workplace discrimination issues in the past and understand how to mitigate them. We asked them what an HR professional should do if they suspect or have been told of a workplace discrimination incident. Their top tips are below.
1. Start With Empathy
Successful employee interactions, whether due to discrimination or otherwise, start with empathy and clear expectations. The HR professional is the employee’s human face in the process. The first step is to display empathy to the person bringing the issue to their attention, then to outline what will happen, what the company expects from them and what they can expect from the process. - Deborah Muller, HR Acuity
2. Fact-Find and Gather Information
Any report of possible discrimination must be immediately and thoroughly investigated. Keep emotions at bay and focus on fact-finding only. You must remain unbiased regardless of what is uncovered in the investigation process. If this is challenging, engage a third party to investigate. Summarize findings in a report format, not an opinion piece. Be timely with follow-up and ensure consistency. - Bianca McCann, Trifacta Inc.
3. Ensure Anti-Discrimination Training Is In Place
Trained leaders, established policies and a culture of inclusion are just part of the solution. Companies also need to teach employees to be sensitive to words, comments, gestures or behaviors that may be construed as discrimination, harassment or creating a hostile work environment. By training to encourage mutual understanding and respect, organizations can proactively work to limit risk. - MJ Vigil, PEMCO Insurance
4. Audit Your Policies For Patterns
When anyone tells HR about discrimination, it must be investigated properly and immediately. If HR has a suspicion but not fact, it is time to self-audit company hiring policies, review discipline incidents, etc. to see if any patterns of disparate treatment exist. For example, you may find in the payroll records that women are paid less. This would allow you to catch the problem and correct it. - Patricia Sharkey, Sharkey HR Advisors
5. Consider The Subtext
Of course, you investigate and handle it. More importantly, consider the subtext. For every issue you hear about, there are likely 10 more that didn't make it to your desk. Figure out what the systemic issues are by listening to your people, and address them head-on. Maybe a certain group needs unconscious bias training, a leadership change or more women on the team. It's your job to find out. - Tracy Cote, Genesys
6. Err On The Side Of Caution
Any and all incidents of discrimination must be taken seriously because the consequences of failing to act always outweigh any potential indignity caused by conducting an investigation. When done properly, investigations establish integrity, credibility and transparency while limiting risk, liability and disengagement. When done wrong (or not at all), compliance, morale and performance suffer. - Dr. Timothy J. Giardino, Cantata Health & Meta Healthcare IT Solutions
7. Obtain Physical Evidence
Act quickly but thoroughly. Check for evidence that can shed light on possible discrimination. Emails that corroborate suspicions of sexual harassment, previous performance reviews that illuminate bias, earnings history for employees in similar positions for unfair pay practices—physical evidence is an objective first step in investigating for discrimination. - Michele Markey, SkillPath
8. Listen, Reflect, Then Act
It is easy to go right to investigation mode as an HR pro. We are problem solvers that want to help. However, we need to really listen when people come to us with a problem. Sometimes they want to vent and have no action, and other times they want action. Listen to their claim and reflect on what you know legally, ethically and culturally to determine if action is required. Then take action if needed. - Kelly Loudermilk, BuildHR, Inc.
9. Validate People's Feelings
It is critical to remember the person reporting or feeling the discrimination felt that way for a reason. Their feelings are valid, and it is important that the HR professional acknowledge and respect the reporter's emotions, integrity and courage. Receiving the report with gratitude can help establish a foundation of trust that can lead to building an effective investigation if needed. - Jessica Delorenzo, Kimball Electronics Inc
10. Take It Seriously
It is always important to conduct a full investigation of a discrimination claim because that is a serious claim and you need to find as many facts as possible. This usually includes interviewing any relevant parties, reviewing and analyzing any available data and compiling findings. - Lotus Buckner, NCH
