Preventing Workplace Harassment, Discrimination, and Retaliation

b. A complaint hotline; and/or

c. A referral to the EEOC and DFEH.

6. Instruct supervisors to report misconduct or complaints of misconduct to a designated representative or a Human Resources manager. If an employer has 50 or more employees, this topic must be in the mandated sexual harassment training provided by the employer. 7. Indicate that, upon receipt of a complaint, the employer will conduct a fair, timely, and thorough investigation that provides all parties with due process and reaches reasonable conclusions based on the evidence collected. 8. State that the employer will keep the complaint and investigation confidential to the extent possible. An employer should not promise complete confidentiality. 9. Indicate that appropriate remedial measures will be taken if, at the end of the investigation, misconduct is found. 10. Make clear that employees will not be exposed to retaliation as a result of lodging a complaint or participating in any workplace investigation. To have a meaningful policy, the employer must design the complaint procedure to encourage victims to come forward. Coming forward can be particularly difficult if the complainant’s supervisor is both the alleged harasser and the only person to whom the complainant may report the conduct. There may be other reasons that the employee is not comfortable speaking to a direct supervisor as well. In recognition of these situations and to encourage reporting, the new law prohibits employers from adopting complaint procedures that only direct an employee to complain to the employee’s supervisor. Instead, employers must adopt policies that provide employees with at least one alternative route to file a complaint. To further encourage victims to come forward, employers must maintain confidentiality of complaints and investigations to the greatest extent possible. However, the employer must make clear in its policy that complete confidentiality cannot be guaranteed. The nature of investigations and due process rights of the accused employee require some level of disclosure by the employer. Complainants should be informed that their complaints will be conveyed only to those who need to know about it, such as those investigating the complaint and any others involved in remedial or disciplinary action. Complainants should be encouraged, but not required, to complain in writing. An employer must allow employees to submit verbal complaints, but may request that employees ultimately state their complaints in writing. After receiving a written complaint, the public employer must respond. A written response is recommended, but not required. The response should confirm that the employer has received the complaint, is investigating it, and when the complainant can expect a follow-up report.

Preventing Workplace Harassment, Discrimination, and Retaliation ©2019 (s) Liebert Cassidy Whitmore 45