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Protecting Yourself from Discrimination Lawsuits

Thomas S. Brandon, Jr. Attorney | posted 10/24/2007
This article provided by the Engstrom Institute

 (Note: CMA is not in the business of providing legal counsel. The below legal advice is based on laws from the state of Texas, so be sure to check your state's laws with a lawyer before putting any policy statements into effect for your organization.)

No one likes to terminate an employee's employment. It is an unpleasant experience for everyone involved, but sometimes it is the best option for both the employer and the employee. So how can we prepare ourselves for the reality that at some point, we will probably have to terminate a person's employment? When this situation arises, how can we do it in a way that protects us against lawsuits?

Our goal is to reduce the risk of litigation of adverse action related to personnel actions and to administrate personnel policies that are consistent with the law and scriptural admonitions. There is nothing we can do to guarantee that we will never get sued, but we can safeguard ourselves in ways that shrink the target, making it almost impossible for someone to score against us. There are 3 key words when it comes to protecting ourselves against the accusation of discrimination.

Preparation

First of all, be aware of how an employee's termination is going to affect your organization. Unless the employee was terminated for gross misconduct, you will have to pay unemployment compensation and/or COBRA.

In addition to the financial implications, it's important to have policies in place so that you are prepared to deal with an employee who needs to be terminated. It is important to have a written policy related to each of the following issues:

1. General personnel issues. This needs to be an orderly, written handbook that is distributed to all employees. It could also be posted on your organization's intranet.
2. Employee and volunteer screening policy. This document should go beyond asking if they have ever been convicted of a felony. What about a misdemeanor or deferred adjudication? Also, be sure to ask if they have lied about the answers to any of the questions you've asked and if there is anything else about their past or moral conduct that is necessary for you to know.
3. Mediation arbitration agreement. This is a document which employees must sign in which they agree to mediate and/or arbitrate any dispute with a Christian mediation arbitration process.
4. Intellectual property policy. Who owns the rights to work done on company time?
5. Internet and e-mail abuse policies. As long as the employee is using your computers, they have no expectation of a right of privacy. Their instant messaging and e-mails may be monitored. Employees must be warned that the policies are applicable for every time they use that computer, even if work is done on personal time or at home. You do not have to have a search warrant to look in their Web browser.