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Making an Employment Decision?

Manager Responsibilities - Treating Employees Consistently

Ensuring that you treat employees consistently, or that you can justify any inconsistent treatment, may help you prevent retaliation.

Before making an employment decision that may negatively affect an employee who reported discrimination, assisted with a discrimination investigation or lawsuit, or opposed discrimination, ask yourself:

  • Am I holding this employee to stricter performance or behavioral standards now than I did before he filed a discrimination complaint, assisted with a discrimination investigation or lawsuit, or opposed discrimination?
  • Am I treating this employee differently than I have treated other employees who have broken similar rules?
  • Am I treating this employee differently than I have treated other employees with similar skills, abilities or accomplishments?

If the answer to any of these questions is "yes," or if your decision is not consistent with your past behavior or with your employee policies, determine whether you can justify the decision to treat the employee differently.