First, keep in mind that any time employees are under more stress, claims of all sorts may go up as well as more conflict being observed in the workplace. During times of stress due to growth, there is less attention by the press on it because different companies will be experiencing very different levels of growth and the conflicts may not be perceived as due to the good times as much as conflicts are linked with difficult times.
What you should do first of all is what you are probably doing anyway – be sure you are operating within both the letter and the spirit of the law. When times are stressful it is not the right time to take risks outside your normal comfort level. Review your policies and procedures. Make certain all of your employees understand that discrimination and harassment are not tolerated by your organization.
Some Protection Reminders
What you should do first of all is what you are probably doing anyway – be sure you are operating within both the letter and the spirit of the law. When times are stressful it is not the right time to take risks outside your normal comfort level. Review your policies and procedures. Make certain all of your employees understand that discrimination and harassment are not tolerated by your organization.
Some Protection Reminders
Some tools included in your HR Administration Kit from TPO for this include the individual Sexual Harassment Policy Acknowledgement, the Handbook Acknowledgement and the compliant yet compassionate letters for employees who must go out on some form of protected leave.
Be certain that you have provided, at a minimum, the required AB1825 Harassment Prevention training for managers/supervisor/leads. Providing a version for all employees definitely demonstrates your commitment and is highly recommended.
Actions You May Have to Take
Be certain that you have provided, at a minimum, the required AB1825 Harassment Prevention training for managers/supervisor/leads. Providing a version for all employees definitely demonstrates your commitment and is highly recommended.
Actions You May Have to Take
In spite of your proactive review, planning and support, you may still have instances where employees bring forward concerns that appear to have potential serious consequences or you may hear/observe actions or conversations that could lead to issues. Prompt action is the important thing to keep in mind in this case. Do not let anything linger or go unaddressed. Immediately remedy the problem.
Maybe a Real Problem?
Maybe a Real Problem?
If the concern seems like it could possibly lead to a legal issue, you should immediately get all of the facts and assess your level of exposure.
If you need to do some fact collection, be cautious not to classify it as an “investigation” until you are certain such an action is necessary. Try to keep the language in the human compassion realm rather than legalistic. Don’t say, “Tell me how you were discriminated against.” Instead it is better to ask, “How did you feel you were treated unfairly?” You should not be the one raising the temperature level of the organization. Treat everyone with respect, but do not jump to conclusions. Just gather information quickly and efficiently so you can make the best decision.
Get Help
There are some things that are warning flags that should lead you to conduct a full investigation:
If you need to do some fact collection, be cautious not to classify it as an “investigation” until you are certain such an action is necessary. Try to keep the language in the human compassion realm rather than legalistic. Don’t say, “Tell me how you were discriminated against.” Instead it is better to ask, “How did you feel you were treated unfairly?” You should not be the one raising the temperature level of the organization. Treat everyone with respect, but do not jump to conclusions. Just gather information quickly and efficiently so you can make the best decision.
Get Help
There are some things that are warning flags that should lead you to conduct a full investigation:
1. The employee indicates he/she has legal counsel.
2. The accusation involves upper management.
3. The number of accusations is very large and the issues are complex.
4. You need professional assistance with recovering information from computers, etc.
5. You simply will not be able to get to it in a timely manner due to other constraints.
TPO is a licensed investigation organization and we have investigators with many years of experience in such activities. In this case, we can work with you to get the problem resolved as quickly and effectively as possible.
Once You Have all the Facts
Once You Have all the Facts
After you have gathered your facts with or without a formal investigation, you will need to do some communications. Some of those will be face to face with the individuals involved. Some may be written. There may even be a need to do some individual or group problem solving.
Be sure to get back with the individual(s) who brought up the issue as soon as a decision is made on what to do. This communication must be very respectful regardless of what the facts determine. Even if the concern was completely unsupported, it is wise to thank the employee for bringing it forward to you for action. Only if the employee outright lied and/or falsified information and you can prove it should ANY action be taken against that employee.
Be sure to check back periodically to be certain whatever solution you implemented was resolved completely and is nor recurring.
Remember, that your best protection against such accusations is both your good actions and the good relationship you establish with your employees. Show them respect and do business with them in the most ethical way and it will go a long way to keeping down such problems. Your prompt, respectful and effective action when alerted will be in your favor should you find you have to justify your work with any government group.
Finally, it is important that your organization work at finding ways to send messages to employees that they are valued and help them see you are doing the right things. Communicate often, provide any stress relievers you can manage and be there to talk to them. These are the times when managers, supervisors, and HR support must be focused on communicating a positive but realistic message to every employee.
Be sure to get back with the individual(s) who brought up the issue as soon as a decision is made on what to do. This communication must be very respectful regardless of what the facts determine. Even if the concern was completely unsupported, it is wise to thank the employee for bringing it forward to you for action. Only if the employee outright lied and/or falsified information and you can prove it should ANY action be taken against that employee.
Be sure to check back periodically to be certain whatever solution you implemented was resolved completely and is nor recurring.
Remember, that your best protection against such accusations is both your good actions and the good relationship you establish with your employees. Show them respect and do business with them in the most ethical way and it will go a long way to keeping down such problems. Your prompt, respectful and effective action when alerted will be in your favor should you find you have to justify your work with any government group.
Finally, it is important that your organization work at finding ways to send messages to employees that they are valued and help them see you are doing the right things. Communicate often, provide any stress relievers you can manage and be there to talk to them. These are the times when managers, supervisors, and HR support must be focused on communicating a positive but realistic message to every employee.
TPO is an award-winning firm established in 1991 made up of a group of highly experienced, nationally certified HR experts and trainers. TPO is licensed by the State of California (PI-25638) to provide investigative services. For more information, please contact us at 800-277-8448 or visit our web site www.tpohr.com
Contents © 2011 TPO Human Resource Management. No part of this article may be reproduced, excerpted or redistributed in any form without express written permission from TPO Human Resource Management.
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