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• Documented distribution of the employer’s anti-harassment policy.
Many employers require employees to individually sign a statement to
confirm receipt; and

• Training programs to ensure that both managers and employees
understand what constitutes harassment, and how the employer’s
harassment complaint procedure operates.

g. Discharge in Violation of Antidiscrimination Statutes

Claims that a discharge violated an anti-discrimination statute generally
follow a disparate treatment theory (i.e., “you fired me because I’m a woman”). The
essence of the disparate treatment claim is that the employer treated an employee
less favorably because of that individual’s race, sex, national origin, religion, age,
marital status, sexual orientation or disabling condition.

Although it is the claimant who has the ultimate burden of proving
discrimination, as a practical matter an employer must be able to articulate a
legitimate nondiscriminatory reason for discharging the employee. If the employer
fails to do so, it risks losing the case. The claimant may also challenge the validity of
the employer’s explanation to demonstrate that discrimination must have
influenced the decision.

Some courts have found that an employer’s failure to follow its own
established procedures is evidence that the employer’s explanation for the
discharge is just a pretext for discrimination. Giving inconsistent reasons for the
discharge similarly raises questions. For these reasons, it is important to follow

established procedures and to be honest and consistent in communicating the
reasons for the action.

WASHINGTON NONPROFIT HANDBOOK -222- 2018