Employees have the right to be in a workplace that is free from all kinds of discrimination. If they feel that their right was violated by a supervisor or a co-employee, they can file an employment discrimination complaint against their employer.
Once you received a complaint, it will be your job to determine if the complainant's allegations are true. This goal will be achieved by conducting a thorough and unbiased investigation.
The first article; Steps to be Followed when Investigating an Employment Discrimination Complaint (Part 1); discussed the two important actions that employers should do before a proper investigation is conducted. Aside from taking necessary actions to protect the complainant or your business and finding an unbiased investigator, here are other steps that you need to follow if you want to determine whether discrimination occurred in the workplace:
- Gather and compile documents that were submitted by both parties- The outcome of most investigations greatly depend on the documents that were submitted by the complainant and accused. Pieces of evidence like office files, company policies, and email messages will help in determining if the claimant is a victim of workplace discrimination.
- Interview the involved parties and other employees- The reason why the investigation is being conducted is to gather enough information. One of the easiest ways to acquire such information is by talking to the involved parties. You or the investigator may also need to talk to other employees who have witnessed instances when the alleged discrimination occurred.
- Study evidence- After you have conducted interviews and gathered important documents, the next thing that should be done is to study all the pieces of evidence that were gathered. You or the investigator will have to compare the documents that were acquired to the statements that were given by the witnesses.
- Take appropriate action- If evidence showed that the complainant was subjected to discriminatory practices, you will be required to take appropriate action against the wrongdoer. If you do not know what punishment is suitable for the offense that has been done by the wrongdoer, it is advisable that you consult a Los Angeles discrimination lawyer.
- Keep a detailed written report about the findings of the investigation- After the investigation has been completed, you will need to make a detailed report which will specify the factors that affected its outcome of and reasons why a certain punishment was given to the wrongdoer. This document will protect the company from possible lawsuits which may be filed by the wrongdoer in the future.