Most employers are concerned about contact with complaints of discrimination and harassment. And for good reason: Such complaints can lead to tension in the workplace, government investigations and even costly legal battles. If the action is wrong, even unintentionally, an employer may unwittingly put their own resources.
If you take the complaint seriously, however, and closely follow the strategy to deal with it, you can reduce the likelihood of a lawsuit and even improve employee relations in the process.
Here are some basic rules to follow if you receive a complaint of discrimination or harassment:
Keep an open Mind[/b]
[/b]
Many employers have a hard time believing that discrimination or harassment can occur under their noses. Therefore, they often fail to investigate complaints, if they could not be true. Sorry, not to investigate a complaint is a surefire way to land in court. Investigate every complaint you receive. Do not draw conclusions before your investigation is complete.
Compassion is the key[/b]
It is extremely difficult to complain about discrimination or harassment. They feel vulnerable and afraid. This can have an impact on the quality of their work, and may also lead to seek help from outside counsel. When an employee comes to you with concerns about discrimination or harassment, be understanding. An employer who is to taking the issue at hand seriously ; is less likely to escalate the issue to a government agency or court.
Don’t go defensive[/b]
[/b]
You may be tempted to get angry with the employee to complain that now must face the specter of discrimination and harassment in your business. But remember that the employee complained about the victim and not the cause of the problem. If you allow yourself to be angry with the employee, which open into allegations of illegal retaliation;You also run the risk of polarizing your workplace, damaged morale, and reduced productivity
Follow the Proper Channels
If you have an employee handbook or other documented policies relating to discrimination and harassment, follow those policies. Don't open yourself up to claims of unfair treatment by bending the rules.
Do some Research[/b]
Do some research on the law of discrimination and harassment: what it is, how it has been proven in court, and what are their responsibilities as employer.
Interview the Concerned Discreetly[/b]
Start by talking to the person who complains. Knowing exactly what concerns the employees are. Get the details: what was said or done, when and where, and who else was there. Take notes of your conversations. Then talk to all employees accused of discrimination or harassment. Get more details from them. Be sure to question witnesses who saw or heard a behavior problem. Gather all relevant documents.
Be Sherlock Holmes[/b]
Complaints of discrimination and harassment often offer the classic example "he says," she said. " Often, the prosecutor and the accused offer different versions of events, leaving you with conflicting stories. You may have to turn to other sources for clues. For example, schedules, time cards and other attendance records (for classes, meetings, etc.) can help you determine if each party was where he or she claims to be. Witnesses - including colleagues, suppliers, customers or friends - may be seen part of an incident. And in some cases, documents will display a page on the right. After all, it's hard to argue with an e-mail that contains racial slurs or sexual innuendo.
Confidentiality at all costs[/b]
A discrimination complaint can polarize a workplace. Workers who may side with either the complaining employee or the accused employee, and rumors will start working overtime.
Worse, if too many details about the complaint are leaked, you can be accused of damaging the reputation of the alleged victim or the complaint - and get slapped with a libel suit. Avoid these problems by insisting on confidentiality and practicing it in your investigation.
Write more , it will count[/b]
[/b]
Take notes during your interviews. Before the interview is over, turn in your notes with the interviewee to ensure that you succeed. Keep a journal of your studies. Note that the steps you took to get the truth, including dates and places of interviews you conducted. Note the names of all the documents you have reviewed. Document any action against the accused or the reasons for deciding not to intervene. This document written to protect you later if your employee claims that you ignored a complaint or an investigation conducted unilaterally.
Consult ![/b]
Many law firms and private consulting firms are to investigate complaints in the workplace for a fee. You may want to consider outside help if more than one employee complains of harassment, the accused is a senior official in the company (as the president or chief executive), the accuser made known to the complaint, either in the work or in the media, the accusations are extreme (allegations of rape or assault, for example), or for any reason, you feel very personally involved to make a decision fairly and objectively.
Definitive Action[/b]
After gathering the information, sit down and decide what you think really happened. If it is determined that some form of discrimination or harassment has occurred, to find out how to discipline the offender appropriately. The dismissal may be justified in a variety of forms of blatant discrimination and harassment, threats, harassment or repeated and unwanted physical contact. minor discipline, as a warning or advice, you may be in order if the harassment originates in a misunderstanding. Once you've decided to take the appropriate action quickly, document and inform the lawyers/authorities
If you take the complaint seriously, however, and closely follow the strategy to deal with it, you can reduce the likelihood of a lawsuit and even improve employee relations in the process.
Here are some basic rules to follow if you receive a complaint of discrimination or harassment:
Keep an open Mind[/b]
[/b]
Many employers have a hard time believing that discrimination or harassment can occur under their noses. Therefore, they often fail to investigate complaints, if they could not be true. Sorry, not to investigate a complaint is a surefire way to land in court. Investigate every complaint you receive. Do not draw conclusions before your investigation is complete.
Compassion is the key[/b]
It is extremely difficult to complain about discrimination or harassment. They feel vulnerable and afraid. This can have an impact on the quality of their work, and may also lead to seek help from outside counsel. When an employee comes to you with concerns about discrimination or harassment, be understanding. An employer who is to taking the issue at hand seriously ; is less likely to escalate the issue to a government agency or court.
Don’t go defensive[/b]
[/b]
You may be tempted to get angry with the employee to complain that now must face the specter of discrimination and harassment in your business. But remember that the employee complained about the victim and not the cause of the problem. If you allow yourself to be angry with the employee, which open into allegations of illegal retaliation;You also run the risk of polarizing your workplace, damaged morale, and reduced productivity
Follow the Proper Channels
If you have an employee handbook or other documented policies relating to discrimination and harassment, follow those policies. Don't open yourself up to claims of unfair treatment by bending the rules.
Do some Research[/b]
Do some research on the law of discrimination and harassment: what it is, how it has been proven in court, and what are their responsibilities as employer.
Interview the Concerned Discreetly[/b]
Start by talking to the person who complains. Knowing exactly what concerns the employees are. Get the details: what was said or done, when and where, and who else was there. Take notes of your conversations. Then talk to all employees accused of discrimination or harassment. Get more details from them. Be sure to question witnesses who saw or heard a behavior problem. Gather all relevant documents.
Be Sherlock Holmes[/b]
Complaints of discrimination and harassment often offer the classic example "he says," she said. " Often, the prosecutor and the accused offer different versions of events, leaving you with conflicting stories. You may have to turn to other sources for clues. For example, schedules, time cards and other attendance records (for classes, meetings, etc.) can help you determine if each party was where he or she claims to be. Witnesses - including colleagues, suppliers, customers or friends - may be seen part of an incident. And in some cases, documents will display a page on the right. After all, it's hard to argue with an e-mail that contains racial slurs or sexual innuendo.
Confidentiality at all costs[/b]
A discrimination complaint can polarize a workplace. Workers who may side with either the complaining employee or the accused employee, and rumors will start working overtime.
Worse, if too many details about the complaint are leaked, you can be accused of damaging the reputation of the alleged victim or the complaint - and get slapped with a libel suit. Avoid these problems by insisting on confidentiality and practicing it in your investigation.
Write more , it will count[/b]
[/b]
Take notes during your interviews. Before the interview is over, turn in your notes with the interviewee to ensure that you succeed. Keep a journal of your studies. Note that the steps you took to get the truth, including dates and places of interviews you conducted. Note the names of all the documents you have reviewed. Document any action against the accused or the reasons for deciding not to intervene. This document written to protect you later if your employee claims that you ignored a complaint or an investigation conducted unilaterally.
Consult ![/b]
Many law firms and private consulting firms are to investigate complaints in the workplace for a fee. You may want to consider outside help if more than one employee complains of harassment, the accused is a senior official in the company (as the president or chief executive), the accuser made known to the complaint, either in the work or in the media, the accusations are extreme (allegations of rape or assault, for example), or for any reason, you feel very personally involved to make a decision fairly and objectively.
Definitive Action[/b]
After gathering the information, sit down and decide what you think really happened. If it is determined that some form of discrimination or harassment has occurred, to find out how to discipline the offender appropriately. The dismissal may be justified in a variety of forms of blatant discrimination and harassment, threats, harassment or repeated and unwanted physical contact. minor discipline, as a warning or advice, you may be in order if the harassment originates in a misunderstanding. Once you've decided to take the appropriate action quickly, document and inform the lawyers/authorities