Receiving a complaint from your employee claiming they have experienced discrimination can be concerning. When someone creates a hostile work environment for your employee, it can affect their work performance and potentially expose you to lawsuits.
Thus, you need to handle the complaint with care. Here is what to do:
Investigate the case immediately
Immediately after receiving an employee’s complaint, you should start an investigation. Ask the employee why they believe they were treated unfavorably. Examples of questions to ask include:
- What happened, and when and where did it take place?
- Why do you believe this was because of your protected characteristic?
- Were there other individuals present?
- Have you observed similar behavior in the past?
- How has it negatively affected you and your work?
- Do you have any supporting evidence?
Then, ask the employee to identify others whom they believe were treated more favorably.
After gathering enough information, meet with the other individuals involved. For instance, if the complaint is about a disciplinary action, interview the manager involved in the disciplinary decision. You should also interview witnesses. Ensure you keep the employee updated during the investigation.
Don’t forget to document the investigation. Create detailed notes for each interview and keep a file for evidence, such as signed witness statements, surveillance footage and relevant documents (policies, emails, disciplinary records, performance reports and so on).
Address the issue
Take time to review the gathered material to determine whether discrimination occurred. If there is evidence of discrimination, take immediate action to stop it.
Then, implement corrective measures for the employee, such as reversing unfair discipline or restoring benefits. It also helps to review policies to prevent such a case from happening again.
It’s crucial to handle an internal discrimination complaint efficiently. If an employee is taking further action against the company, legal guidance can help you make informed decisions.