subject: Top 5 Elements of an Effective Internal Employment Discrimination Investigation [print this page] If there is a discrimination complaint from one of your employees, your actions following the complaint could dictate if there will be a swift resolution or if the company will have to defend itself from discrimination lawsuits.
Internal employment discrimination investigations are very sensitive in that you have to come up with a resolution that will be acceptable to the parties involved.
Now the question is how you are going to achieve that.
To help you, here are some elements that you should consider when conducting an internal employment discrimination investigation.
1.Planned and structured investigation process
Even before any complaint has been filed, you should already have a proper grievance system where employees can file their complaints of discrimination or other employment concerns.
Once you received a complaint, there must be a planned and structured process that you can follow for the investigation.
This includes the schedule of interviews for the parties involved like the:
Accuser
Accused
Potential witnesses
Supervisors and managers of the accused and accuser
There must be a step by step process from the interviews up until the decision and resolution.
2.Objectivity and Fairness
Make sure that you pursue the discrimination investigation with an open mind and do not draw conclusions in the early stages.
Make a decision based on the consistency and cohesiveness, of the testimonies, and the evidence presented by both parties, and not from personal bias.
Assure both parties that the case will be handled in a fair manner.
The decision should also not undermine existing federal and state laws.
To make sure it does not happen, consult with an expert employment law attorney.
3.Confidentiality
Make sure that any information gathered will not be shared with people who are not involved in the investigation.
Create a separate file for the investigation that is separate from the personal files of the parties involved.
Assure both parties of the confidentiality in the case and tell them that you expect them to do the same.
4.Guard against retaliation
Assure both parties that they will not be subjected to any form of retaliation due to filing a complaint or just by virtue of being the subject of the complaint.
Tell them that actions will be taken against employees who commit any act of retaliation as it not only violates company policy but existing laws as well.
5.Explanation of resolution
Whether the decision and resolution you come up with is in favor of the accused or the accuser, an explanation should always be included.
If the decision is in favor of the accused, then you have to tell the reason for the decision to the accuser.
You have to assure the accuser as well that there will be no penalty for filing a complaint against his or her colleague.
If the decision is against the accused, then explain to him/her the reason to show that whatever penalties given is justified based on existing company policies and federal and state laws.
However, before deciding on the case, consult an expert Los Angeles Employment Attorney to make sure that everything is legal and to makes sure that you are not opening your company to more employment lawsuits.
Top 5 Elements of an Effective Internal Employment Discrimination Investigation
