Any act that appears to be unfair may initially be viewed as discrimination if it happens to a member of a protected class. Any decision that is based on subjective feelings about people, rather than on objective facts can look like discrimination. Any negative decision that is made without a full, fair investigation can also appear to be discriminatory. The best way to prevent discrimination or the appearance of discrimination is to always follow these basic rules when making decisions about employees:

• Apply all rules and standards equally. Treating all employees equally seldom results in claims of unlawful discrimination.
• Provide consistent signals and candid appraisals. The most difficult employment discrimination case to defend is a discharge for unsatisfactory performance shortly after a “merit” increase that was intended to motivate substandard performance. Mixed signals create discrimination charges.
• Do not delay decisions. If you do not act upon problems immediately, you may create a sense that you have accepted or condoned a bad situation. Delaying a decision can enhance the appearance of unfairness. If you delay addressing a bad situation, problems can worsen. The delay may result in more severe disciplinary action than if the situation had been addressed immediately.
• Assume that everyone wants to advance within the organization. Supervisors may assume that certain employees have no interest in advancement or in better salaries because of attitudes that the employees appear to display, or by making assumptions about an employee’s family obligations. These are bad assumptions. Consider all employees for advancement. Make choices on the basis of the best qualifications. Do not overlook anyone because they “appear” uninterested in promotion.
• Provide clear instructions and warnings. Do not ever think that employees “should have known” what was expected. Tell everyone clearly what is expected. To hold employees to certain rules of conduct, you must make those rules clear.
• Always hear an employee’s side before taking action against them. This is the fundamental constitutional idea of “due process” on a small scale. A supervisor can take action against an employee, but should not do so until all the facts are in and a full investigation has been conducted.
• Avoid making decisions on the basis of subjective feelings about people. Rely on objective facts. A person’s performance in a current job is usually a good predictor of success in an upgraded job, especially if you have assigned some upgraded tasks to see how the person responds to the additional responsibilities. Subjective feelings about a person’s abilities are neither dependable nor explainable if a discrimination charge results from that decision.
• Explain decisions to affected employees. Many discrimination cases are filed because adverse action was taken against an employee and no one explained why it happened. For example, although a very detailed explanation is not always in order, an employee who knows they are being considered for a promotion but is not selected should receive some explanation for the decision.
• Keep communication channels open. Hold frequent conversations and meetings at regular intervals. An environment in which supervisors only talk and employees only listen is bad. Communication must flow up as well as down.
• Maintain complete and accurate records and documentation of all incidents. Documentation includes witness testimony, your response, charges that the complainant files and other information. Date and sign all documents.

• Manager’s Checklist to Avoid Discrimination