The U.S. Equal Employment Opportunity Commission ("EEOC") recently reported that it received a record number of claims from employees in 2010 - nearly 100,000 new claims. Retaliation claims are the most frequently filed, but disability discrimination claims are on the rise, increasing by nearly 20% in 2010, and sex discrimination and religious discrimination cases continue to increase as well. Not surprisingly, the EEOC reports that the cost to employers of resolving these claims also continues to increase.

There are five key strategies to eliminate claims of discrimination and harassment:

1. Invest heavily in management training. Train all your managers annually in employment law basics, communication skills, and how to treat employees with respect.
2. Review all your management practices. Focus on hiring, promotion, discipline, layoffs/termination, performance appraisals and documentation.Make sure they do not contain any discriminatory practices.
3. Have a broad anti-discrimination and anti-harassment policy. The courts and the EEOC interpret having no policy negatively. Include a complaint procedure, language discouraging inappropriate behavior, language alerting employees that all employees should file claims promptly, and a process to protect employees and witnesses from any retaliation.
4. Follow your state law guidelines. Multi-state employers must know all state laws to ensure compliance.
5. Zero tolerance. Be emphatic to everyone that harassment and discrimination of any kind will never be tolerated.

Organizations that train and educate their workforce and foster a culture of respect, rarely have claims brought against them.

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A Massachusetts Superior Court held for the first time that severance payments are "wages" covered by the Massachusetts Wage Act. Employers should be concerned about this decision because, if other courts follow it, it would open up the full panoply of Wage Act remedies for an employer's failure to pay severance, including treble damages and attorneys' fees.

How do you avoid surprises among new hires?

This sounds simple, but so often employers do not know which candidate will be successful in their organization and which one will fail. Knowing this is essential. Often we start the recruitment process without truly understanding what we are looking for. Job descriptions are helpful. They define the education, experience and tasks the new hire will perform. What job descriptions do not do is identify the traits, those qualitative factors that tell you who will fit and who will not. To do this, ask yourself these questions: What type of person is most successful in our organization? What type isn't? A good tip is to profile your most successful employees. What makes them successful? Get your employees involved in this process. They often have great insights.

It is also important to understand that positions change and evolve overtime. With rapid changes in technology, customer demands, new processes, the type of person you need now may be very different from your previous employee. As such, simply using an outdated job description and a profile of the incumbent will not give you a clear picture of a successful new hire. Each time you are faced with making a hire, you must go through this process. Your investment in time will yield good rewards.

March 7: Maine Water Utilities Association Breakfast Forum. Topic: The Aging Workforce, Recruitment & Succession Planning

If your professional association needs a speaker, let me know. I am now booking a number of engagements for 2011. Click below to review my speaker information sheet.

A number of tools and booklets to help you manage your workforce are available now. These include:

• Sexual Harassment Prevention Toolbox
• Preventing Discrimination & Harassment Guide
• Strategies to Survive a Tough Economic Downturn Guide
• Guide To Massachusetts Employment Laws for Managers
• Employment Laws for Maine Organizations