Lawyers who specialize in employment law can be retained to perform surveys among the work force to identify otherwise unreported problems within the company or firm, implement policies in accordance with applicable state and federal laws, and conduct training. Determining exactly what policies and procedures to implement, however, is a critical step. Employers need to balance the benefits of any proposed policy or procedure with the associated legal risks. All diversity policies and initiatives must be considered in this context. For example, the private sector is beginning to implement the use of corporate assessments or audits.
Audits can focus on diversity issues only or they can cover all aspects of the work environment.
Assessments may be performed through the use of questionnaires, employee interviews, or focus groups. An organizational audit or assessment allows the employer to uncover hidden perceptions or confirm perceived biases before an incident of harassment or discrimination. The resulting data provides the employer with the necessary information to develop appropriate policies, focus subsequent training, and avoid discrimination complaints. Although the benefits are obvious, substantial risks include whether the results of surveys, interviews, or focus groups can become the subject of discovery or be used in subsequent employment litigation. In fact, one court required the employer to produce notes taken by the company's vice president of human resources, equal employment opportunity manager, and district manager at the defendant's diversity training program.