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: Steps to be followed when investigating an Employment Discrimination Complaint (Part 1)

By Edited Feb 10, 2014 0 0

Being an employer can be difficult, considering that you will be required to monitor the performance of your employees, make sure that their rights will not be violated by their supervisors or co-employees, and think of ways on how to win over many clients.

One of the most difficult tasks you will need to do is to investigate employment discrimination complaints filed by your employees. Employment discrimination occurs when someone in the workplace performs unjust actions against another individual on the basis of his age, sex, religion, race, disability, or national origin.

Upon receiving the complaint, you should first consider whether conducting an investigation is necessary. An investigation may not be needed if the problem is only minor and can be resolved by the concerned parties without your help.

However, it does not mean that you should ignore all complaints because doing so may also expose you to different liabilities and cause bigger problems for everyone in the workplace.

If you decided that a complaint should be investigated, here are the steps that you should follow in order to come up with a reasonable answer or decision:

  • Take necessary actions in order to protect the complainant or your business, if needed- You may be required to take certain actions, even before the investigation starts, if the problem is severe enough to cause harm to the complainant or your business. However, you should not be biased when assessing the situation because the accused may think that you have already made a decision, without even investigating the problem.
  • Find an unbiased investigator- You should find a person who has vast experience in conducting employment discrimination investigations so that you will have more time to run the business. If you conduct the investigation on your own, you may not be able to focus on more important matters like business deals and marketing plans. In addition, you may not be completely neutral when investigating the complaint because you would personally know the people who are involved.

If there is someone on the payroll who can do the job, you should make sure that he has no personal ties with the involved parties. Meanwhile, if there is no one in the company who is qualified to investigate the complaint, you may hire an outsider who is willing to do the job.

For more questions about the issues involved in the process of investigating employment discrimination complaints, do not hesitate to seek legal help from a Los Angeles labor attorney.

Read: Steps to be Followed when Investigating an Employment Discrimination Complaint (Part 2)



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