Today is Election Day in the United States.  Those participating in democracy by casting their vote for president will be making history today.  We will either have the oldest president to take the oath of office or the first African-American president.  Either will be a first and both require looking past stereotypes about age and race.

Stereotypes are mental shortcuts and broad brush generalizations about what certain characteristics represent.  They are an opinion.  Opinions are fine.  But in the workplace, when decisions are based on such generalizations without additional objective support you can wind up with bias and unfair favoritism.   

The law bans certain biases.  It calls them illegal discrimination and employers looking to avoid lawsuits will profit from understanding what type of behavior constitutes illegal discrimination and how to avoid it.

The first part of the task, identifying what is illegal discrimination is relatively easy.  Figuring out how to avoid it is much taller order because it challenges stereotypes we may have grown up with, “comfortable” ways of thinking, and in some cases deeply entrenched cultural expectations. 

Take for example the subject of pregnancy discrimination.  Thirty years after discriminating on the basis of pregnancy, childbirth, or related medical conditions was made illegal in the U.S., data shows that between 1995 and 2007 the number of pregnancy discrimination cases increased 65% even as national birth rates dropped.  That’s sad. 

You’d think avoiding pregnancy discrimination would be pretty straightforward, but it’s not as Michael Maslanka points out in his humorous article titled Check Assumptions at the Door in Employment Law Matters.

The laws may differ internationally, but persistent gender stereotypes continue to hamper gender equality in the workplace and often contribute to actionable pay gaps. 

Most employees don’t bring an economic, tax, or other political agenda to work with them.  They just want to do a good job and be treated fairly.  So let’s jettison the stereotypes and get down to business.  Objective decision making is not just the smart thing to do; it’s the ethical and right thing to do. 

“The question was put to respondents: Is the company guilty or innocent?  More than two-thirds presumed the company was guilty, even with no facts.” (emphasis added)

 Steptoe and Johnson partner Jim Moorhead, co-chair of the crisis management practice, discussing the results of a study done by Daimler about how the public would react to a corporate crisis situation if the only thing they knew was that a company was involved.   Quoted in “Coordination Critical in Crisis Management,” Counsel to Counsel, Nov. 2008.

We expect fairness from the rule of law.  We expect mature legal systems to provide its citizens, including corporate citizens, with a fair hearing and due process. 

When I hear about surveys like the one Jim Moorhead cites above a shiver goes down my spine, and it’s not because tomorrow is Halloween and I’m bound to be bombarded by costumed Trick or Treaters knocking on the door looking to grab a fist full of candy. 

Plaintiffs look to grab a fist full of candy too – out of your pocket.

When presumptions about corporate wrongdoing infest the jury pool it makes it harder to get a fair shake in court.  That’s why today’s quote is truly scary. 

I can turn off my porch light and send the Trick or Treaters packing.  But how do you keep potential plaintiffs off your front porch? 

It takes more than turning off the light.  On the contrary, it requires shining the light on the legal rules that govern your business and understanding the legal playing field you operate on.  It also requires the ability to execute policies and processes to enable you to recognize problems before they escalate into lawsuits.

Don’t let your business be shark bait. Take control of your legal risk before you get dragged into court.