Give employees notice before enforcing a new or dormant handbook policy. Enforcing without warning risks your first violators being from one protected class, which looks discriminatory even if it isn't. A grace period and clear communication protect you.
If you are going to start to roll out a policy or you have a policy in your handbook that you haven't necessarily enforced in the past, so maybe it's the performance evaluations, just make sure you give people enough time and warning when you are going to start enforcing a policy so that you maybe don't accidentally discriminate. So if you had a policy in there that you started to enforce without telling anyone and the first 3 violators of the policy all happen to be female, then it could be viewed as there's potential discrimination happening there.
