What is a nondiscrimination policy?
Recruiting individuals from different racial and ethnic backgrounds is only one aspect of diversity and inclusion. This article will provide you with the information you need to draft a nondiscrimination policy that will demonstrate your company’s dedication to treating all employees fairly.
Reasons why an anti-discrimination policy is necessary for the workplace
Organizations should adopt a non-discrimination policy for many reasons, such as:
- Company Image: When seeking employment, individuals prefer to associate with companies that uphold equitable treatment of all individuals, irrespective of their gender, color, national origin, or any other distinguishing factor. Your company can better articulate its principles with a non-discrimination policy.
- Many qualified applicants may be reluctant to apply for a position with you if you do not have a policy against discrimination, even though you do business fairly or are required to do so by law in your area.
- Following the law: Different countries have different anti-discrimination statutes. Prioritizing citizens over non-citizens is the rule in certain countries, while others treat all people with a work visa the same. The laws against discrimination are more stringent in some countries than others. You must ensure that your non-discrimination policy complies with all applicable national, state, and municipal legislation. Of course, you have the option to go above and above what is required by law in order to safeguard your employees.
- Employee conduct should be made clear: Managers and other workers will also know what is and is not okay in your country if you have a non-discrimination policy. Instead of referring to a law that an employee might or might not be familiar with, it is far easier to reference to a policy when an employee acts inappropriately.
- Combats prejudice: Managers, applicants, and workers all benefit when the company’s policies are well-defined and strictly enforced. Even if they have personal biases, they know better than to bring them to work.
An example of a nondiscrimination policy statement
If you own a business, you may use this nondiscrimination policy sample as a starting point. Note that this is merely a sample policy format for your consideration. This is not a legally binding document, and it does not comply with any applicable local laws and regulations.
Non-Discrimination Policy Statement of [Company]
Here at our [Company], we treat each employee and applicant with the respect and dignity due an individual, and we relish the diversity of thought and experience that each brings to the table. Because of this, we do not tolerate any form of prejudice. Regardless of a person’s racial or ethnic background, gender, sexual orientation, age, handicap, marital status, citizenship status, genetic information, pregnancy, or any other legally protected trait, we believe in the principle of equal treatment for everyone. Notify your supervisor or the HR department without delay if you are experiencing discrimination. We will thoroughly investigate all complaints.
The Right to an Appropriate Work Setting
Everyone has the right to an office setting that respects their competence and encourages them to use their expertise to their full potential. Propriety, equality of opportunity, professionalism, and lack of bias are expectations of all employees of [Company].
Abuse of any kind will not be tolerated.
Harassment and discrimination of any kind, including but not limited to sexual orientation, race, religion, language, and gender, are completely unacceptable at [Company]. In the event that you believe a staff member has discriminated against you or harassed you, report the conduct to your manager of Human Resources for investigation.
Unwanted sexual advances, sexual jokes, or comments about sexual activity are all forms of sexual harassment. No employee, even when away from the office, should ever watch pornographic content on any company-owned device. It is also illegal to use a personal device to view pornographic content at work or in the presence of other employees.
It is absolutely forbidden for managers to have romantic relationships with anyone who reports to them.
Discrimination based on a person’s race, national origin, ethnicity, or language might take the form of jokes, harsh remarks, or even a ban on using a person’s preferred language when conducting non-official business. We shall supply all official documentation in the official language of the company, which is [language]. During lunch, breaks, or conversations with coworkers who share their language preference, employees are permitted to use their preferred language. Nevertheless, [language] will be the official language of all meetings and documents.
You can report harassment in whatever language you like, and [business] will translate it if you’re not comfortable doing so in [language].
Training and informing all staff about these procedures will be [Company’s] top priority. Every year, workers will sign a document stating they have reviewed the company’s anti-discrimination and harassment policy and that they will follow it to the letter.
Discrimination based on disability
The right to work is something that [Company] strongly believes in. Equal protection under the law is due to every employee with a disability who, with or without reasonable accommodation, is able to carry out the essential duties of their position.
Retaliation
It is against the law for [Company] to punish an employee for reporting harassment or discrimination. Workers are strongly encouraged to come forward and help with investigations. In order to safeguard those who file complaints and maintain the confidentiality of investigations, [Company] will do all in its power to do so.
There will be severe repercussions, including termination, for employees who retaliate against coworkers who report harassment or discrimination.
Process for reporting
Report incidents of harassment to the following individuals if you or an employee has been the victim of racial, religious, gender, or other forms of discrimination:
- A member of the human resources department.
- The person directly overseeing the work.
- Their immediate supervisors (managers, directors, etc.).
If an employee does not report an incident, they will not face disciplinary action. The business also promises not to punish those who report in good faith. An employee can still file a good faith report if they truly feel that inappropriate behavior took place, regardless of the outcome of the investigation.
The next step is for [Company] to look into it. Depending on the circumstances, this could take quite a while. As far as the law permits, [Company] expects all workers to cooperate with the inquiry and maintain confidentiality. After an investigation is complete, the party responsible for it (often an HR employee, but sometimes another employee or even an outside firm) may write up their findings and provide recommendations. We will notify the employee who reported the incident once the investigation is complete.
There shall be no disrespectful treatment of any employee who is accused of acting inappropriately. An employee may be subject to a suspension, with or without pay, while an investigation is underway if the allegation is serious and supported by solid evidence. We will inform the accused employee of the investigation’s conclusion. The employee may face disciplinary action if the investigation finds that they were at fault. Based on the circumstances and the seriousness of the problem, this can range from a verbal warning to dismissal.
A complaint made by an employee in bad faith will be viewed as harassment. If the complainant intentionally fabricates evidence in order to falsely accuse a colleague, tarnish someone’s reputation, or obtain financial benefit, then the complaint is filed in bad faith.
It is possible for either side to file an appeal. Submitting a formal report to the head of human resources will allow you to contest the decision.
Additional anti-discrimination rules
A firm’s anti-discrimination policy can be as unique as the company itself and its culture. One example is the World Health Organization’s (WHO) 59-word definition of non-discrimination:
People should be able to exercise their human rights without facing discrimination because of their race, color, sex, language, religion, national or social origin, disability, age, marital or family status, sexual orientation or gender identity, health, place of residence, economic or social situation, or any other status.
In contrast, the sample policy provided by the Society for Human Resource Management (SHRM) is composed of a whopping 1,292 words, extensively describes every facet of the policy, and cites particular legislation.
Employers in the US can find a list of recommended components for anti-discrimination policies provided by the Equal Employment Opportunity Commission. Everything you need to write a successful policy is here, including a description of the protected characteristics (which will differ from country to country), a mechanism for employees to report harassment or discrimination, policies against retaliation, confidentiality, and investigation protocols. This is a great framework to build your policy upon.
An anti-discrimination policy with specific, measurable goals is available from Workable. Some examples are:
For the sake of objectivity and compliance with the law, we:
- Incorporate EEO declarations and use inclusive language when posting jobs.
- For the purpose of recruiting, promoting, and compensating team members, establish explicit standards.
- Pay and benefits should be based on merit, experience, seniority, and performance rather than protected traits.
- Allow those who are disabled to participate.
- Insist that supervisors document their choices about employees and applicants in great detail.
Positively written policies like this might work better for a company that is looking to the future. As opposed to making a list of things people shouldn’t do, this gives them ideas for what to do and how to do it.
U.K. law firm Pain Smith provides an example of a non-discrimination policy that businesses can use to treat their employees and customers equally. For businesses that often interact with customers or other outside parties, this might be a crucial part of their anti-discrimination guidelines. Also, make sure your staff knows how to report vendors or customers that act inappropriately. There are definitions of terms in Pain Smith as well, including:
Types of Discrimination—The following types of discrimination are not allowed by the company:
(a) Unfair treatment of an individual based on an illegal premise, known as “direct discrimination”;
(b) Indirect discrimination is when a rule, restriction, or practice that seems to be legal would put a lot of people in a group at a disadvantage compared to other people for an illegal reason; unless that rule, restriction, or practice is logically justified by a valid objective and the methods of achieving that goal are acceptable and necessary;
(c) Victimization, in which a person experiences worse treatment than others due to their actions in response to unlawful discrimination;
(d) Harassment occurs when someone engages in unwanted behavior that is connected to an unlawful ground and has the intention or effect of making another person feel intimidated, hostile, degraded, humiliated, or offended. This can encompass both spoken and nonverbal cues, as well as physical actions.
The importance of being consistent
While there is no one right method to draft a nondiscrimination policy, what matters is not how it is worded but how it is carried out and adhered to in a fair manner.
Companies may feel pressured to overlook certain high-performing, well-compensated employees who break these rules from time to time. Even though it’s against the law to discriminate on any level, some businesses are more comfortable paying victims than investigating the issue or punishing those responsible. Your employee engagement and retention rates can take a nosedive if your business follows this path. At some point, someone will challenge the settlement and take the matter to court or, more likely, the social media court.
Involving your senior staff and high performers in the same regulations as everyone else is considerably better from a financial and reputational standpoint. Senior executives and well-compensated workers should not be explicitly or implicitly excused from your company’s anti-discrimination rules. Individuals who disobey company policies or local regulations should likewise be subject to disciplinary action, which may include termination, in extreme cases.
The allegations against senior executives may necessitate the engagement of a private investigator. That way, they won’t be able to put investigators under unnecessary stress.
Use the ideas presented in this article to draft a non-discrimination policy that your company can follow if one is not already in place.
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