Introduction

Most of the time, when we think about discrimination, we think about intentional bias toward another person or a group of people based on characteristics like race, religion, or national origin. As a society, we recognize that such behavior is not good for our community and we strive to avoid discrimination. Unfortunately, though, we don’t always see the many less obvious ways that discrimination can arise. Even the best of people harbor some degree of personal bias that grows out of our individual life experiences. Those experiences may not cause us to be knowingly biased against any particular group of people, and we may make a conscious effort to avoid bias against any particular group, but these unconscious or “implicit” biases can still play out with discriminatory impact based on our preferences or assumptions about certain personal characteristics. Sometimes, even the most well-intentioned efforts can end up having a discriminatory effect.

Let’s look at some examples of how discrimination can manifest in our work as farmers, whether we see it or not. Some practices are clearly discriminatory – like paying lower wages to female employees as compared to male peers doing the same work or refusing to hire people of a certain ethnic background. Other times, though, discrimination can materialize in more subtle ways. For example, whether intentional or not, a job advertisement can discourage certain types of people from applying in the first place. Discouraging people from applying is discrimination in many contexts. Even a policy intended to promote diversity in the workplace can have a discriminatory impact if not carefully designed and implemented.

The good news is that we can create excellent employment programs that help us hire the best person possible for the job by using an objective approach to make employment decisions that are focused on each person’s ability to perform the job. In this guide, we’ll explore topics that can help you avoid the appearance of discrimination in employment practices on your farm. First, we’ll talk generally about what types of personal characteristics can give rise to a discrimination claim. In the second section, we’ll discuss how discrimination can arise at different stages of the employment relationship, from advertising and interviewing to hiring and firing decisions, and we’ll discuss some examples and good practices to avoid discrimination through different stages of the employment relationship.

While this guide will offer some general principles that you can consider to help make sure your employment practices are not discriminatory, it’s important to remember that every situation is unique and general guidelines may not go far enough to cover your particular circumstances. This guidebook is an educational resource, and not a source of legal advice. After reading this guide, if you still have questions or concerns about whether your employment practices may create a risk for discrimination claims, talk with an experienced attorney who can look at your particular circumstances. If you have a disgruntled employee or a claim has been filed against you, seek the advice of an attorney right away for the best chance of protecting yourself.

In this guide we’ll discuss:

1. What types of personal characteristics are protected by law against discrimination?
2. When can the appearance of discrimination arise in the employment relationship and what steps can I take to avoid the appearance of discrimination in my employment decisions?