(Harrisburg, PA) -- Nauman Smith employment law attorney and firm partner Benjamin C. Dunlap, Jr., alerted businesses that workplace discrimination claims are increasing in a difficult economic period and offered useful information to avoid discrimination actions by employees.

"Some of the increases in discrimination claims are dramatic," Dunlap said. "Claims based on race have increased 35% in the last year, while gender complaints are up 29%, retaliation claims are up 34%, and age complaints have increased 25%."

Speaking before the Harrisburg Regional Chamber & CREDC at a recent Nauman Smith/Pennsylvania Human Relations Commission sponsored seminar on the subject, Dunlap offered recommendations for businesses to avoid common mistakes made by employers in regard to discrimination.

It is important to establish and communicate policies to prevent workplace discrimination and to enforce these policies uniformly and fairly. "Employers must treat 'similarly situated persons' in a like manner in regard to the hiring process, the terms and conditions of employment, and terminations," Dunlap said.

He advised against inviting retaliation actions by employees who file discrimination complaints. "Some employers think they can 'get tough' with employees who file a complaint. They may institute new guidelines or rules, for example, that apply only to the individual who filed the complaint.  This is always a red flag to investigators."

Dunlap advised employers to be "direct and specific" about the reasons for any termination. "Focus only on big issues of performance and stay away from trivial problems."

Dunlap noted that employers need to keep sufficiently detailed disciplinary records to document their actions. "If your company has a progressive discipline policy, document the steps that were taken to follow that policy," he said.

"It's especially important during periods of layoffs to make sure management personnel, particularly front line managers, are trained regarding civil rights protections and how to deal with discrimination complaints as they arise." Dunlap said. "Always conduct impartial, objective and prompt investigations of complaints regarding harassment and discrimination. Blindly taking the side of management employees can lead to big trouble for employers."

Attorney Dunlap's practice includes public utility and related work for railroad clients, as well as business and employment law for companies ranging in size from startups to major national companies. His work includes contract drafting and litigation and he has represented companies in the areas of intellectual property rights, disputes with the Attorney General's Office of Consumer Protection, employment disputes before the Pennsylvania Human Relations Commission and the Equal Employment Opportunity Commission, as well as representation in state and federal courts. For further information about any business legal matter, contact Attorney Dunlap at bdunlapjr@nssh.com or 717-236-3010 x 21.

Founded in 1871, Nauman, Smith, Shissler & Hall, LLP, is the oldest law firm in continuous existence in Harrisburg, serving the rail industry and other business clients for more than a century. For further information, visit http://www.nssh.com/.