Employers often make policy changes to address potentially discriminatory conditions. If you hope to use the changes as a defense to future bias claims based on the former policy, however, you must communicate them to your employees. A ruling from the U.S. 8th Circuit Court of Appeals (which covers Arkansas employers) recently reinforced the lesson.
Facts
CRST is a long-haul trucking firm whose drivers begin and end trips at designated company terminals around the country. The drivers also stay at the terminals between loads as needed. The company’s employment policies applied at the terminals as well as on the trucks.