Anti-discrimination laws don't dictate whom to hire

Sue Marshall is a member of the Springfield Area Human Resources Association.

Federal and state laws prohibit discrimination against an employee or applicant because of race, color, gender, religious beliefs, national origin, physical disability, or age if the person is at least 40 years old.

These anti-discrimination laws apply to all stages of the employment process, including preparing job descriptions, writing ads, conducting interviews, deciding who to hire, setting salaries and benefits, promoting and disciplining employees, and terminations.

Employers need to know the types of discrimination that are prohibited, but also be aware that anti-discrimination laws do not dictate whom to hire. Employers may exercise a wide range of discretion to hire, promote, discipline and terminate employees based on their performance, skills, experience, reliability and job requirements.

During the hiring process, employers should be aware that history often repeats itself. Always look for gaps in employment when reviewing applications. Time unemployed could indicate many things, so be sure to inquire as to why there was a gap.

Check all references, including personal references. Someone giving a personal reference is often more open with information. Inviting the applicant back for a second interview is always a good idea before making a final decision. In the second interview the applicant will most likely be more relaxed and be able to present his true self.

After the applicant is hired, be sure to conduct a complete orientation and supply the employee with an employee handbook. An employee handbook provides an excellent way for employers to communicate personnel policies and benefit programs. Be sure to have the employee sign a statement that he received and read the employment handbook.

In Missouri, employment is presumed to be "at will" unless there is a union contract involved or some contractually guaranteed time of employment. This means that either party, with or without cause, can terminate employment at any time unless the termination is prompted by something that is prohibited by state or federal law dealing with discrimination. An "at will' statement should be included in the handbook along with company policies, benefits and disciplinary rules.

To avoid future problems, make sure no written or oral promises concerning job security are made. Do not call positions permanent; use terms such as regular, full-time and part-time. Give employees ongoing and accurate feedback about job performance. Conduct formal job evaluations on a regular basis and use progressive discipline when necessary.

When discipline is required, be sure to document in detail the reasons for the reprimand and what corrective steps the employee must take. If the discipline is in written form, make sure the employee signs that he or she has received a copy.

When considering termination, always focus on performance. Do not be afraid of terminating someone who is performing poorly or violating company rules just because he is in a protected class. Be sure to document the reasons for the termination and follow all company policies regarding disciplinary action and dismissal.

It is absolutely essential that all employees be treated consistently. If some employees are allowed to violate company policy, the employer will be on shaky legal ground after firing others for the same reason.