Practical Advice To Respond To A Harassment Or Discrimination Complaint

A company's response, or lack thereof, to a complaint of harassment or discrimination can have serious legal consequences. Although many organizations doing business in the United States have seasoned human resources professionals in-house, there are other organizations who utilize office managers, officers, directors, controllers or other professionals to perform human resources functions in addition to other job responsibilities. This summary provides practical steps, for both the seasoned human resources professional or other professional whose duties include human resources functions, for responding to harassment and discrimination complaints.

First, the recipient of a complaint should take the complaint seriously but not assume that the allegations are true or false. Thank the complainant for conveying concerns, and remind the complainant that the company does not tolerate harassment or discrimination. Explain that you (or Human Resources, if appropriate) need to gather information and no determinations can be made until all information is gathered. Do not promise confidentiality. Instead, state that you will keep the information confidential to the extent possible but must investigate the information provided. Explore whether the complainant feels comfortable at work or whether steps need to be taken to distance the alleged perpetrator while the investigation is on going. Tell the complainant that the company does not retaliate against individuals who express concerns and to report any future problems immediately.

During the investigation, all interviews should be conducted in a confidential setting. Keep good documentation of the information provided. Try to have a witness present during interviews who is a member of management. Approach interviews (whether with a complainant, witness or the alleged perpetrator) with an open mind and conduct them in a manner which reflects objectivity. Avoid characterizing facts gathered or making conclusions before completing the investigation. Ask the complainant for all information which supports the complaint, whether there were any witnesses, and whether the complainant has any supporting documentation. Make sure to look into all allegations and talk with witnesses, and ask the alleged perpetrator for his or her side of the story.

After your investigation is concluded, take appropriate action (if warranted) against the alleged perpetrator and document the action taken. The company's response must be prompt and remedial in nature, designed to prevent further inappropriate conduct toward the complainant or others. The necessary action will depend on the circumstances. For example, an inconclusive investigation may result in a discussion with the alleged perpetrator to remind him or her of the company's policy prohibiting harassment and discrimination. If you determine the complaint has merit, disciplinary action up to and including termination of the alleged perpetrator may be appropriate. Report back to the complainant that the matter has been investigated and the company has taken appropriate action.

Remember, each situation has a unique set of facts and legal risks. Therefore, make sure to consult with employment law counsel to determine an appropriate investigation plan as well as remedial action upon the conclusion of the investigation.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.