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The Rising Tide of Harassment and Discrimination Claims: How Employers Can Mitigate Risks

By Christina Santillo, SHRM-CP, Senior Human Resources Consultant 

In recent months, there has been a noticeable increase in harassment and discrimination claims in workplaces across various industries. These claims not only carry significant financial risks—often costing thousands to hundreds of thousands of dollars in legal fees and settlements—but they also consume substantial time and resources. For employers, understanding how to reduce the risk of these claims is critical to maintaining a productive and harmonious work environment and protecting their organization’s bottom line.

The Root Causes: Poor Management, Lack of Communication, and Documentation

A common pattern emerges in many harassment and discrimination claims: they often stem from poor management practices, lack of clear communication, and insufficient documentation. When managers are not adequately trained to handle sensitive issues, when there is a breakdown in communication, or when documentation is lacking, the likelihood of misunderstandings and disputes increases dramatically. This, in turn, can lead to claims of unfair treatment, harassment, or discrimination.

Prevention Strategies

To effectively prevent these claims, employers should focus on strengthening management practices, enhancing communication, and maintaining thorough documentation:

  1. Management Training: Ensure that all managers are well-trained in handling employee relations, understanding the importance of fair treatment, recognizing the need for an accommodation, and recognizing the signs of harassment and discrimination. Training should also cover how to address issues promptly and appropriately.  Some of the trainings we provide and highly recommend include Leadership, Harassment, and Discipline and Terminations.

  2. Clear Communication: Establish clear channels of communication where employees feel safe to voice their concerns. Regular check-ins and open-door policies can help in identifying and addressing potential issues before they escalate.

  3. Thorough Documentation: Document all employee interactions related to performance, discipline, and complaints. This not only provides a clear record in case of disputes but also demonstrates that the company is taking appropriate steps to manage issues fairly and consistently.

Our team of HR professionals is here to support employers in navigating these challenges. By calling our HR helpline, you can receive guidance on how to handle disciplinary actions, facilitate difficult conversations with employees, and, if necessary, conduct thorough investigations on your behalf.

By being proactive in managing these aspects, you can significantly reduce the risk of harassment and discrimination claims, protecting both your employees and your organization.

For more detailed guidance and tips, or to learn more about our management training options, contact the HR helpline at 855-873-0374 or email us at . We will be happy to help!

Disclaimer: The information provided on this website is for informational purposes only and not for the purpose of providing legal advice. Use of and access to this website does not create an attorney-client relationship between Keystone’s Risk Management Division or our employment attorney and the user or browser.