Washington State Human Rights Commission

First, it is important to have nondiscrimination policies, to enforce them, to publicize them, to let employees know them, and to train first line supervisors on them. Have clear policies and make sure your actual practices are consistent with those policies.

Second, if someone brings you a complaint or grievance, take it seriously, investigate it internally, and take prompt and objective action.

Third, make sure first line supervisors know that they cannot harass or retaliate against employees because they complain or advocate for their rights, or serve as a witness on someone else’s case.

Fourth, evaluate and provide feedback to employees frequently and honestly. We see lots of cases where a person says, “I got great performance evaluations for years, until I complained, then my ratings went down.” We then interview the supervisor, who says, “His performance was always bad.”

Fifth, educate yourselves and your management staff on the Washington Law Against Discrimination. It is broader than federal civil rights law. Many times smaller employers without a Human Resources Department haven't actually read the law or their knowledge is outdated.

Sixth, communication with employees is key. Many times employees speculate that an employer's action is discriminatory because they have been given no other explanation. What we often see is an employer having to hire an attorney to defend itself against a discrimination complaint because it failed to simply talk to an employee and provide insight into its decision making.

Seventh, make sure your male supervisors know how to keep control of their mouths and their hands around female employees. Training on avoiding sexual harassment is more than a paragraph in a new employee orientation handbook.

Eighth, you don’t have to surrender to an employee with a disability, but you do have to reasonably accommodate that person’s disability if they ask. You must engage in an interactive dialog with the person.

Ninth, alternative dispute resolution is a good thing. That means not just saying you’re civil and treat everybody well, but really doing so.

Tenth, ask for help before you run into trouble. We can help. But not if we don’t know you want or need it.

Eleventh, have your supervisors and your human resources people define the essential functions of your jobs. This is not everything a person does, but only the make or break duties. Because an employee must be able to perform the essential functions of his or her job with or without reasonable accommodations.

Twelfth, in rare situations, you can request a bona fide occupational qualification (BFOQ) to hire a man or a woman for a specific job, if it can only be done by a man or a woman, due to, for example, privacy reasons. The request is made to the Washington State Human Rights Commission.

Thirteenth, you cannot require your employees to speak only one language except for a business necessity reason, safety, and customer service reasons, and then only on the job, not on lunch or breaks.

Fourteenth, remember that companies and areas that are more diverse and welcoming are more economically successful. Those companies that sell outside the United States are weathering the economic downturn best.

For more information, visit our website at www.hum.wa.gov, or contact the Washington State Human Rights Commission at 800-233-3247 or 360-753-6770.

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