Q. We're afraid that one of our employees may have been subjected to discriminatory behavior. But she hasn't filed a complaint. What should we do? Do we have an obligation to bring it up and investigate, even if she declines? —S.P., Louisiana
A. Here's the golden rule on suspected discrimination: investigate, don't litigate. Courts have said that you're required to launch an investigation whenever you know, or reasonably should have known, of workplace harassment. This means you can't turn a blind eye to discriminatory behavior and rely on the “she didn't tell us about it” defense. Nor can you defend yourself by asserting that the victim didn't want you to investigate.
Remember: Investigations are a key factor for minimizing liability.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Good cause to act? Don't wait to terminate
- Bad bosses? Probably. Were they racist? No
- Timing is everything when it comes to workplace romances gone bad and terminations
- Asking worker to fetch coffee may be old-school, but is it harassment?