17267723_sTwo years ago we asked: “Can You Pass ‘The Acid Test'” (see post of January 29, 2012).   For those of a certain age and mindset, this flashback meant something other than employee handbooks and anti-discrimination policies.   But nevermind — we wanted to know how many questions an employer could answer in the affirmative to pass our post-Haight “acid test.”   (We noted that in its idiomatic sense, the term “acid test” has been defined as a “rigorous and crucial test to establish the value or success of something” and we used the term in that context).

We asked the following questions for employers to consider, which you may want to consider anew two years later to see if you have made any progress:

1.  Do you have at least a basic understanding as to what the anti-discrimination employment laws are, what they are designed to do, who they are designed to protect, and what the results are if you are in violation of such laws?

2.  Do you know how to hire employees, how to conduct interviews, what questions can and cannot be asked, and what can and cannot be done to check up on applicants’ backgrounds?

3.  Do you have a handbook, kept up-to-date, reflective of your well thought out employment policies and procedures? And one for each jurisdiction in which you have employees working? Do you, in fact, have such procedures?

4.  Do you keep careful records documenting the performance of employees, so that in the event you have to terminate an employee you have a file which supports and substantiates the reason for your determination?5.

5.  Do you have a clearly defined and well distributed anti-discrimination policy, and a “zero tolerance” policy relating to sexual harassment?

6.  Do your employees know where to go and what to do if they have a complaint of discrimination?

7.  Do you have an EEO officer to handle any complaints of discrimination made by employees? And do the employees know who this person is?

8.  Do you have a policy for investigating and remediating — at the earliest possible time — any complaints of discrimination made by employees?

9.  Do you conduct anti-harassment and/or anti-discrimination training seminars on a yearly basis for both managers and employees?

10.  Do you communicate to your employees, both in words and deeds, that you are truly an equal opportunity employer?


Anyone hear the new Grateful Dead album from the Fillmore?