Discrimination Complaint Investigation

Discrimination complaints can come from any level of the company. While sexual harassment -- a form of sex discrimination -- is the most commonly publicized, allegations of discrimination come in many different forms, including race, age, national origin, color, religion, disability, veteran status, pregnancy, and sexual orientation.

Discrimination complaints, especially when filed with an outside agency, are costly, distracting, demoralizing and time-consuming for your organization. Responding to them usually is a major effort. There are measures that can protect your company and minimize the likelihood that outside complaints will be filed. We can advise you on how to protect your company and, should the unfortunate need arise, we can conduct a confidential complaint investigation.

How can you help protect your company from this liability?

• train, train, train:
  
  
• All employees in sexual harassment and what to do if they encounter it;



• All managers, supervisors and Human Resources staff:
  
  
• in Equal Employment law and in what to do if an employee comes to them with a possible discrimination complaint;



• to be aware of unusual employee behavior indicating that something is wrong;

...so that situations can be resolved quickly before complaints are filed internally -- or worse, with an outside agency.



• distribute to all employees and post prominently your company's complaint policy and procedures (in compliance with California law).
  



• Note: Pay discrimination (even disparate impact -- or "unintentional" discrimination) found in routine Department of Labor Compliance Evaluations may cost your company more than complaints brought by employees. Compliance Evaluations can be lightening rods for lawsuits and result in even more unfavorable publicity. Please see "Compensation Analyses" for information on how to minimize your company's exposure in terms of compensation practices.

  ensure that your compensation department audits pay by ethnicity and gender at least annually.

We Can Help By:

• providing you with example harassment and equal opportunity policies;
  
  
• reviewing your complaint policy and procedures for compliance with California law and recommending changes to ensure that they are current;
  
  
• referring you to skilled professionals who can train your employees and managers in complaint avoidance;
  
  
• conducting compensation analyses.

And We Can Investigate:

When an employee alleges unfair treatment, an internal Human Resources professional usually will investigate such complaints. But there may be circumstances when that may not be possible or desirable. Your company may have no one in Human Resources trained to conduct an investigation. Perhaps Human Resources already has investigated the complaint and the employee is not satisfied with the outcome. Or perhaps the nature of the complaint is highly sensitive or may involve an executive or someone in Human Resources. There may be other reasons your employment attorney might suggest a neutral third party.

Linda Grossman or another of our experienced associates can help you investigate and resolve these issues. Our investigations are thorough, timely, well-balanced, tailored to the particular needs of the situation, objective, well-documented and discreet. Investigations are closely coordinated with the client and can be performed under attorney/client privilege. We provide practical, tactful, and down-to-earth resolution strategies designed to minimize liability and prevent future issues.

For more information regarding discrimination complaints, please visit the Equal Employment Opportunity Commission's website or their information page specifically designed for small businesses.

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