Should we investigate? Worker may have been a victim of bias, but has yet to complain — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Should we investigate? Worker may have been a victim of bias, but has yet to complain

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Q. We’re afraid one of our employees may have been subjected to discrimination here at work. However, 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?

A. Investigate the situation to the best of your ability, even if the employee does not file a complaint.

There are two reasons to do so. First, you want to prevent unlawful discrimination and correct any situation that may involve unlawful discrimination. Second, if you know about alleged discrimination and fail to investigate promptly, the employee could later use that information against you in a lawsuit. Your failure to act could limit your defense if the employee subsequently files a complaint.

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