When charges of discrimination or harassment are made, it's crucial to conduct a thorough investigation. Whether you're the person conducting that inquiry or not, if it concerns incidents that happened on your team, do what you can to get the answers to the following questions:
- Did the complainant have good reason to feel discriminated against or harassed?
- Are the statements in the complaint accurate? Can you prove any of them to be false? Do you have documentation that addresses any of the charges?
- Did other employees or managers do anything that might be considered discriminatory or harassing? If so, did they break company rules or policies? What action did superiors take?
- Did the complainant give the organization a chance to resolve the problem? Were your grievance or complaint procedures followed? (Under current law, having and following a suitable complaint procedure can be an affirmative defense for the enterpris...(register to read more)
- Generalized harassment isn't considered retaliation under CEPA
- Steer clear of blanket hiring policies that stymie disabled applicants
- Offended employee must report ongoing harassment
- Humiliation, not just physical threats, can be harassment
- Base light-duty policy on business necessity; enforce it consistently