Employers have an obligation under both federal and state laws to conduct a prompt, thorough and objective investigation where an employee complains of discrimination or harassment in the workplace. Jane Kow of Jane Kow & Associates, an Employment Law Advice Human Resources Consulting Company, wrote an article for the ABA discussing these issues. She stated that employers often fail to properly investigate these complaints or take the necessary precautions to prevent further recurrences of discriminatory or harassing conduct. This can result in claims of retaliation and create substantial liability.
Here are the top ten mistakes committed by employers, which you can avoid:
1. Not conducting an investigation unless the complainant submits a signed written complaint or demanding that all witnesses provide their statements in writing.
2. Not starting or concluding an investigation promptly.
3. Not proceeding with the investigation when the complainant or the employee accused of harassment refuses to participate.
4. Not conducting an investigation in good faith without the appearance of bias or subjectivity.
5. Failing to keep the investigation and all information gathered during the course of the investigation confidential.
6. Allowing/inviting other third parties (complainant’s friend or lawyer) to participate in the investigative interview in a non-union context.
7. Not assuring the complainant and witnesses, and reminding the employee accused of misconduct that the company has a policy against retaliation.
8. Not interviewing witnesses all witnesses with knowledge of the relevant events, even if they did not directly witness the incident that gave rise to the investigation.
9. Not reviewing all relevant records and tangible evidence.
10. Making inconclusive findings when faced with the classic “he said, she said” scenario.
If you or your company is facing a complaint of discrimination or harassment in the work place, you should have the complaint, and your proposed action reviewed by a Florida Business Lawyer to make sure that you not only address the current issue correctly, but also prevent future liability by your current actions.
