Creating an Anti-Discrimination Policy

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

Definitions (feel free to skip)

Protected class: A group of people who are legally protected from discrimination on the basis of shared traits such as race, color, religion, sex, gender identity, sexual orientation, national origin, age, disability, genetic information, etc.

Zero-tolerance stance: A policy of strict enforcement and punishment when it comes to a certain behavior or activity.

Verbal or physical harassment: Any form of verbal, written, or physical abuse which is offensive or threatening.

Refusal to promote/hire: Denying someone the opportunity to be promoted or hired due to discriminatory grounds.

Unequal pay/access to benefits: Providing unequal pay or access to benefits based on discriminatory grounds.

Disciplinary action: Punishment or other corrective measures taken against someone for violating a rule or policy.

Anti-discrimination training: Training for employees which teaches them about their rights and how to recognize and report discriminatory activities.

Harassment reporting system: A system for reporting incidents of discrimination which outlines the steps for filing a complaint, investigating claims, and providing support for victims.

Disciplinary measures: Punishments or other corrective measures taken against someone for violating a rule or policy.

Diversity and inclusion initiatives: Programs, policies, and activities which are aimed at creating a more diverse and inclusive workplace.

Company-wide code of conduct: A set of rules and regulations which all employees must follow in order to maintain a respectful and professional workplace.

Contents

• Outline the scope of the policy
• What types of behaviors and activities are considered discriminatory?
• Establish a zero-tolerance stance towards discrimination in the workplace
• Create a detailed policy document outlining the protocol for addressing discrimination in the workplace
• Introduce anti-discrimination training for all employees
• Clearly communicate the policy to all staff and make sure it is accessible for all to see
• Establish a harassment reporting system and process including clear steps for reporting incidents, investigating claims and providing support for victims
• Establish clear disciplinary measures for those found to be engaging in discriminatory activities
• Discuss methods for preventing discrimination in the workplace, such as fostering an inclusive environment and educating employees on their rights
• Outline the consequences for not adhering to the policy
• Describe how the policy will be maintained and reviewed, including assigning responsibility for implementation

Get started

Outline the scope of the policy

• Define the areas and activities in which the policy will apply
• Identify who the policy applies to
• Specify when the policy will come into effect
• Include a clear statement of purpose for the policy
• Explain why the policy is necessary

Once the scope of the policy is outlined, you can move on to the next step.

What types of behaviors and activities are considered discriminatory?

• Make a list of all the types of discrimination that are prohibited in the workplace, such as race, color, national origin, gender, age, disability, sexual orientation, religion, etc.
• Identify any specific forms of discrimination that are prohibited, such as verbal abuse, intimidation, name-calling, and hostile work environment.
• Outline any specific behaviors that are not allowed in the workplace, such as harassment, bullying, or discrimination.

You will know you have completed this step when you have created a definitive list of all the types of discrimination that are prohibited in the workplace.

Establish a zero-tolerance stance towards discrimination in the workplace

• Define the types of discrimination that are prohibited in the workplace such as race, gender, age, religion, disability, etc.
• Make a statement that all forms of discrimination, including those defined and any other forms, will not be tolerated in the workplace.
• Develop and implement an anti-discrimination policy that outlines the procedure for addressing any incidents of discrimination in the workplace.
• Ensure that all employees are aware of the policy and that they understand their rights and responsibilities under the policy.
• Make sure to include language in the policy that outlines any disciplinary actions that may be taken against employees who violate the policy.
• Once the policy has been written and all employees have been informed, this step can be checked off the list and the next step can be started.

Create a detailed policy document outlining the protocol for addressing discrimination in the workplace

• Outline any and all forms of discrimination that are prohibited in the workplace
• Develop a list of penalties for those found in violation of the policy
• Define a clear reporting process for any instances of discrimination
• Clarify what constitutes as evidence of discrimination
• Describe the process for investigating claims of discrimination
• Outline the procedure for resolving claims of discrimination
• Detail any and all follow-up steps that may be required
• Specify how the policy will be communicated and enforced

When you can check this off your list:

• When you have drafted a detailed policy document that outlines the protocol for addressing discrimination in the workplace.

Introduce anti-discrimination training for all employees

• Create a training program that outlines the company’s anti-discrimination policy and educates employees on how to recognize and report discrimination
• Establish a timeline for when the training should be completed
• Develop a method for tracking employee progress through the training
• Make the training available to all employees, including those who are remote
• Measure the effectiveness of the training program and make adjustments as needed
• When all employees have completed the training, create a record of it in their personnel files

How you’ll know when you can check this off your list and move on to the next step:

• When all employees have completed the training and have a record of it in their personnel files, you can move on to the next step.

Clearly communicate the policy to all staff and make sure it is accessible for all to see

• Draft a policy document that clearly outlines the expectations for staff in terms of non-discrimination and harassment.
• Make sure the policy is accessible to all staff members either electronically or in print.
• Hold an all-staff meeting to introduce the policy and ensure everyone is aware of their rights and responsibilities in the workplace.
• Make sure the policy is available in multiple languages so that all staff members can understand the expectations.
• Post the policy in a visible place in the office and make sure it is easily accessible online.

When you have completed the above steps, you can check this off your list and move on to the next step of establishing a harassment reporting system and process.

Establish a harassment reporting system and process including clear steps for reporting incidents, investigating claims and providing support for victims

• Create a detailed harassment reporting system, including:

• Clear instructions on how to report incidents of harassment
• A process for investigating claims and taking action against those found to be engaging in discriminatory activities
• Support for victims, such as counseling and legal resources
  • Communicate the system to all staff, including how to access it and the consequences for failing to comply
  • Ensure that the system is accessible for all to use
  • Develop and implement a training program for all staff on the reporting system and anti-discrimination policy
  • When all of the above is completed and in place, you can move on to the next step.

Establish clear disciplinary measures for those found to be engaging in discriminatory activities

• Determine the type of disciplinary measures that will be used for those found to be engaging in discriminatory activities.
• These should be clear and appropriate to the severity of the offense.
• Establish a process for disciplined employees to appeal their disciplinary measures.
• Develop a document outlining the disciplinary measures and the process for appealing them.
• Make sure this document is accessible to all employees.

How you’ll know when you can check this off your list and move on to the next step:

• Once a document outlining the disciplinary measures and the process for appealing them has been created and is accessible to all employees, this step can be considered complete.

Discuss methods for preventing discrimination in the workplace, such as fostering an inclusive environment and educating employees on their rights

• Research best practices for creating a safe and inclusive workplace
• Develop a list of policies to help ensure that employees of all backgrounds are respected, valued, and treated fairly
• Create a training program for managers and staff on anti-discrimination policies and procedures
• Establish clear expectations for appropriate behavior in the workplace
• Develop resources to help employees understand and learn about their rights
• Encourage open dialogue among all employees to ensure everyone feels heard and respected

You will know that you have completed this step when you have developed a comprehensive list of policies, resources, and training initiatives to help prevent discrimination in the workplace.

Outline the consequences for not adhering to the policy

• Establish consequences for violations of the policy.
• Consider the severity of the violation when determining consequences, such as warnings, verbal or written reprimands, suspension, or termination.
• Ensure that the consequences are consistent across all employees.
• Document the consequences in writing and make them available to all employees.

Once you have established the consequences for not adhering to the policy, you can check off this step and move on to the next step.

Describe how the policy will be maintained and reviewed, including assigning responsibility for implementation

• Assign a person or department to be responsible for implementing and enforcing the policy.
• Create an annual review schedule to assess the effectiveness of the policy and to address any issues identified.
• Publish the policy and make sure it is easily accessible to all employees.
• Provide training to employees on the policy and its implementation.
• Ensure that the policy is regularly reviewed and updated as needed.
• Monitor compliance with the policy and provide feedback to employees as necessary.
• Create a reporting system for employees to report any violations of the policy.

You can check this off your list and move on to the next step once you have completed the tasks listed above.

FAQ:

Q: How does the UK’s Anti-Discrimination Policy differ from other countries?

Asked by John on 15th April 2022.
A: The UK has some of the most progressive anti-discrimination legislation in the world. This includes the Equality Act 2010, which provides for specific protections against discrimination, harassment and victimisation in a variety of areas, including employment, education and services. The UK government also has an overarching strategy of promoting equality and diversity in all aspects of life.

The US has similar anti-discrimination laws, but they are usually enforced at a state level. The US Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal anti-discrimination laws in the workplace. Similarly, in the European Union, anti-discrimination laws are enforced at a regional level.

Q: What should our Anti-Discrimination Policy cover?

Asked by Sarah on 8th June 2022.
A: Your Anti-Discrimination Policy should cover all areas of your business, including recruitment and selection, job assignment, promotion, training and development, working conditions, pay and benefits, discipline and termination procedures. Your policy should also cover any interactions with suppliers or customers.

Your policy should be comprehensive enough to protect against all forms of discrimination and harassment — including direct or indirect discrimination based on race, gender, age, disability or any other protected characteristic — as well as victimisation and any other form of unfair treatment. It should also specify how complaints will be handled and what disciplinary action may be taken against perpetrators of discrimination or harassment. Additionally, your policy should set out clear guidance on how to prevent discrimination and harassment from occurring in the first place.

Q: Does our business need an Anti-Discrimination Policy?

Asked by Ella on 2nd August 2022.
A: All businesses should have an Anti-Discrimination Policy in place to protect their employees from any form of discrimination or harassment in the workplace. Even if your business is small or you only employ a handful of people, having a clear policy that outlines expectations around behaviour can help prevent any disputes from arising down the line. Being proactive about preventing discrimination can also help create a positive working environment for your employees and can be beneficial for overall employee morale.

Having an Anti-Discrimination Policy can also help ensure compliance with relevant legislation — both in the UK and any other countries you operate in — as well as helping to protect your business from legal action if a dispute arises. Therefore it is strongly recommended that all businesses have an Anti-Discrimination Policy in place regardless of size or industry sector.

Q: What do we need to consider when creating an Anti-Discrimination Policy?

Asked by Michael on 29th October 2022.
A: When creating an Anti-Discrimination Policy there are several factors you need to consider to ensure you are compliant with relevant legislation as well as protecting your business from legal action if a dispute arises. Firstly, you need to identify which areas of your business your policy should cover — such as recruitment and selection processes, job assignments, promotions etc — as well as any interactions with suppliers or customers. You also need to make sure that your policy is comprehensive enough to protect against all forms of discrimination and harassment — including direct or indirect discrimination based on race, gender, age etc — as well as victimisation and any other form of unfair treatment. Additionally, you need to specify what disciplinary action may be taken against perpetrators of discrimination or harassment and how complaints will be handled. Finally, you need to set out clear guidance on how to prevent discrimination and harassment from occurring in the first place so that your employees feel safe and supported at work.

Example dispute

Suing a Company for Discrimination

• Understand the relevant legal documents, regulations, and civil law (e.g. Title VII of the Civil Rights Act of 1964) that protect against discrimination.
• File a complaint with the Equal Employment Opportunity Commission (EEOC) and document the information or actions that resulted in the suit being raised.
• Request a settlement from the company, either through negotiation or through a court-ordered judgement.
• If damages are awarded, these can be calculated based on the specific facts of the case and the applicable laws.

Templates available (free to use)

Equal Employment Opportunity And Anti Discrimination Policy California

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