Discrimination and harassment complaints tend to make employers nervous. The reason is simple: complaints like these can lead to workplace tension, government investigations, and even costly legal actions. Even unintentionally, mishandling a complaint could end up putting an employer out of business.
You can increase employee loyalty by taking the complaint seriously and following a thoughtful strategy for handling it.
How to Handle Discrimination and Harassment Complaints?
The following basic rules should be followed if you receive a complaint of discrimination or harassment.
- Try to Stay Open-Minded.
Despite widespread discrimination and harassment, many employers cannot comprehend the idea that it could be happening right under their noses. Due to this, many of these companies do not investigate complaints because they assume they are not true. A complaint that is not investigated properly will almost certainly wind up in court. Make sure you investigate all complaints. Do not draw any conclusions until the investigation is completed.
- Respect and Show Compassion to the Complainant.
It can be very difficult for employees to file a claim for discrimination or harassment. They may feel fearful and vulnerable. The quality of their work can suffer from this, and they may also turn to lawyers for help.
Consider the perspective of an employee who comes to you with concerns about discrimination or harassment. Your employees will be less likely to escalate the issue to a government agency or to a court if they see you are serious about the problem.
- Be Kind to the Messenger.
If you are confronted with the fact that there is the prospect of discrimination and harassment at your workplace, you might feel angry at the complaining employee. You should also keep in mind that the complaining employee is the victim, not the cause of the problem.
You are open to accusations of illegal retaliation if you allow yourself to become angry at the employee. Additionally, you may polarize your workplace, damage morale, and lower productivity.
- Be Careful Not to Retaliate.
Punishing someone who complains about discrimination or harassment is against the law. A retaliatory act is usually a termination, discipline, demotion, or pay cut, or a threat of any of these things. The accuser may experience retaliation in subtler ways, such as changing shift hours or work areas, changing her job duties, or isolating her by keeping her from meetings.
- Make sure the Procedures are Followed.
Be sure to follow any policies or handbooks you have regarding discrimination and harassment. Be careful not to break the rules and expose yourself to unfair treatment claims.
- Prepare Yourself by Learning.
Learn what discrimination and harassment law is, how it is proved in court, and what your responsibilities are as an employer.
- Speak With Those Involved.
The first thing you need to do is speak to the person who complained. Identify what exactly concerns the employee. You need to know what was said, when it happened, where it happened, and who else was there. Write down everything you hear. Discuss this with any employee who has been accused of discriminatory behavior.
Find out as much as you can from them. If you see or hear any problematic behavior, you should interview any witnesses. Collect any documents that may be helpful.
- Identify any Contradictions or Corroboration.
Disputes regarding discrimination or harassment are classic examples of “he said/he said.” Often, the accuser and the accused give conflicting accounts of incidents. Other sources could provide clues as to what happened.
For instance, schedules, time cards, and other attendance records (e.g. for meetings, training, etc.) can help you determine whether each party was where they said they were. There may have been witnesses to an incident, including employees, vendors, customers, and friends. There may also be supporting documents. The truth is that a racial slur or sexual innuendo in an email is hard to argue with.
- Confidentiality is Key
In the workplace, discrimination complaints can create the polarization. The rumor mill will start working overtime as workers decide whether to side with the complaining employee or the accused employee. Additionally, if too much information about the complaint is leaked, you may be charged with defamation for harming the reputation of the alleged victim or alleged harasser. Maintain confidentiality throughout the investigation to prevent these issues.
- Take Note of Everything
You should take notes during your interviews. Make sure you read your notes with the interviewee before concluding the interview. Record the results of your investigation in a journal. Include the dates and locations of interviews you’ve conducted along with the steps you took to discover the truth. Include all the names of the documents you examined.
Ensure you document any action taken against the accused and any reasons given for not taking action. In the future, if your employee claims your investigation was biased or ignored a complaint, you can use the written record as evidence.
- Co-operate with Federal and State Agencies
An investigation may be conducted by a government agency (either the Equal Employment Opportunity Commission (EEOC) or an equivalent state agency). You probably will be asked to furnish certain documents, explain your side of the story, and explain your efforts to resolve the complaint yourself.
Don’t be afraid to cooperate, but be cautious. Give the agency as many documents as it asks for, but remember that they will be gathering evidence that might come back to haunt you later. Considering hiring an employment lawyer can be a good move at this time.
- Hiring an Experienced and Professional Investigator is a Good Idea
When more than one employee complains of harassment, you may want to consider bringing in outside help. There has been widespread media coverage about the complaint, or the accused is a high-ranking employee in your business. In cases of extreme accusations (rape accusations or assault allegations); or if for any reason you are too personally involved to make an objective, fair decision, you will have to hire an independent or third-party source.
- Do Whatever it Takes to Hold the Wrongdoer(s) Accountable
As soon as you have collected all the information, sit down and determine what you think really happened. Decide how to discipline any wrongdoer(s) if you are of the opinion that discrimination or harassment took place.
Among the most egregious types of harassment and discrimination could be termination, such as threats, stalking, or repeated unwanted physical contact. The punishment may be less severe if the harassment was sparked by a mistake (for example, an errant attempt to ask a coworker out on a date). You must take action as soon as possible, document what you did, and notify the accuser as soon as possible.
If you need any help with dealing with discrimination and harassment complaints, you can also contact an employment lawyer at Siman Law Firm.