subject: Things to Consider in Internal Employment Discrimination Investigations [print this page] Federal and state laws prohibit discrimination, harassment, and retaliation acts. Employers can be held liable for discriminatory acts in the hiring, retention, promotion, and termination process. Employees are protected with various labor rights that allow litigation as a means to recover damages and penalize misconduct of employers.
Key employee laws are: Civil Rights Act of 1964, American with Disabilities Act (ADA), Fair Labor Standards Act (FLSA), Federal Employee Compensation Act (FECA), Family Medical Leave Act (FMLA), and Occupational Safety and Health Administration Act (OSHA).
These laws mandate employers to provide equal employment opportunity, fair wage, safe workplace and that is free from discrimination, harassment, and retaliation.
Employers who commit violation are exposed to potential lawsuits from employees.
A lawsuit can cause financial burden to the company, impair reputation, and cast a negative publicity. It can affect sales and performance as well as the morale of employees.
Lawsuits can be prevented. Employers can consult with employment lawyers and have a system for providing fair and effective human resource.
A prompt action to an employee's complaint can prevent litigation.
Equal Employment Opportunity (EEO) law mandates employers to deal with discrimination complaints promptly and conduct an immediate investigation. Employers can design the investigation plan and designate a committee who will handle it.
You must keep in mind to accomplish three vital things:
1. Protect employees and stop the misconduct
2. Abide with federal and state employment laws
3. Protect oneself and the company against the legal consequences
Things to consider on Internal Employment Discrimination Investigations
1. Choose the right person in charge of investigation. This is a crucial decision as it may affect the process and outcome of the investigation. The company's human resource manager may be influenced by its relationship with the employee and the involved party/ies.
You can choose a legal consultant to conduct the investigation. Either way, remember that the investigator can be summoned as a witness when the case reaches formal litigation.
The investigator can use these types of documents to reconstruct events or formulate a hypothesis on the case:
1. Printed and soft copy documents. It includes signed papers and emails
2. Employee records
3. Manager's files
4. Company files
5. Employee evaluation record
6. HR files
When gaining access to such documents, there should be a written consent; and employers must make sure that privacy laws are observed. These documents as evidence should be preserved. Destroying any piece of evidence can weaken the validity of the investigation process and result.
