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What Employers Need to Know About the Fairness Ordinance
Two Approaches to Compliance
1. Adverse Employment Actions
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Go back to Square 1 of your basic civil rights rules
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Conduct regular, written job performance evaluations
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Make employment decisions based upon neutral, performance-based criteria
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Carefully document all employment decisions
2. Hostile Workplace Environment
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Institute a ZERO tolerance policy with respect to prejudicial/homophobic comment and/or conduct
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Conduct mandatory diversity training in conjunction with policies
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Uniformly enforce the ZERO tolerance policy
Develop a state-of-the-art Policy
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Possible harassment / Prohibit condoning
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Beware of over-definition
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Clarify that Submission can never be a condition of employment
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Immediate Reporting is mandatory
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Reporting, intervention and discipline may be triggered by conduct short of "harassment"
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Include "Outsiders"
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Include effective reporting procedure
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Beware of promises of confidentiality
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Prompt investigation
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Effective Corrective Action
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Prohibit retaliation
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Reporting retaliation is mandatory
Mandatory Steps for Protection
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Disseminate the Policy
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Employees must sign off on the policy
Your Greatest Risk of Liability:
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Closing your eyes
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Shutting your ears
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Failing to respond
Fairness Ordinance Summary
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Operate with your employees using the same rules of caution that you already use to eliminate other types of discrimination in the workplace.
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Use neutral, performance-based criteria for personnel decision-making.
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Do not tolerate harassment.
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When in doubt, check with the HRC or legal counsel.