| | |  A claim of unlawful discrimination is generally the first step that prompts an investigation. All claims are investigated, usually by internal representatives of Human Resources. Investigations should be objective and designed to determine if an organizational policy or procedure has been violated or whether a legal infraction has occurred.
This is Part Four. If you want a primer on EEO laws in the United States, read Part One. To connect EEO to your own management role, read Parts Two and Three.
If managers are involved in a claim of unlawful discrimination, they should follow these tips:
Don't panic if you are the subject of a complaint.
It is natural for a manager to feel angry or betrayed by allegations of unlawful discrimination. A common mistake made by managers is to over-react. Being the object of an allegation of discrimination does not imply that a manager is a bad person or a bad manager. Often complaints of discrimination are due to misunderstandings. Even if the allegation does not make sense from your perspective, there might be something to learn from the person who feels aggrieved.
Don't retaliate.
Filing complaints is one of the most carefully guarded rights under Title Vll. Employees have the right to complain without fear of retaliation. Retaliation should be avoided at all costs. Be aware that actions taken after a person has filed a complaint can be considered to be retaliatory if those actions are inconsistent with actions taken before a complaint. Even in situations where the original complaint is found to have no merit, a manager can still be held accountable for retaliatory action.
Do respect and protect the confidentiality of those involved.
It is totally inappropriate to talk about a charge with other people in the organization unless they are involved and "need to know." If you have a question or concern, talk to trusted Human Resource personnel, who share a professional responsibility to maintain confidentiality.
Do cooperate fully and in a timely manner with tbe investigator.
Complaints trigger investigations by internal and/or outside investigators. Investigators generally begin by communicating the nature of the charge and requesting information and documentation about the charge. Documentation requests might include personnel files, job descriptions, performance appraisals, memos related to counseling, time cards, or other reports related to tardiness or absences. They may also ask for additional related information and possible witnesses. Produce requested documentation promptly.
Complaint Resolutions
Investigators try to resolve complaints as quickly as possible. Your cooperation can help resolve the situation as soon as possible. A speedy resolution should be the goal of everyone involved.
When the investigation is complete, the investigator will make a determination about whether unlawful discrimination took place.
• If no discrimination is found, the case is closed. If the complaint is considered to be valid, the employer must take immediate, appropriate, corrective action.
• If complainants do not agree with the determination, they have the right to take complaints to an outside agency or attorney. When a complaint becomes a suit filed in Federal District Court, it will be tried by a judge or, in cases where there are allegations that discrimination was intentional, tried by a jury. In cases of intentional discrimination, remedies may range from reinstatement, to back pay for lost wages, to punitive and compensatory damages.
Proceed toPart Five for information on Affirmative Action.
Notice
Federal and state Equal Employment laws as well as the court decisions that interpret them represent a vast and quickly changing body of law. Staying on top of recent developments in connection with EEO laws represents a daunting task. The purpose of this document is to briefly summarize EEO laws and to provide employees with a brief and general overview of how these laws may apply at work.
While this information is factual, it does not constitute legal advice. In particular, the information is not to be taken as warranty or representations for which ProGroup assumes legal responsibility. Legal counsel or other professional help should be sought for advice and guidance in specific situations.
Compliance with any applicable federal, state or municipal laws, rules, regulations or standards is an individual responsibility of management. Any use of the information contained in this Guide must be determined by managers to be in accord with your organization's policies and with applicable federal, state and local laws. The use of this Guide cannot assure complete compliance with any applicable standard, law, or regulation. |
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