The answer seems to depend on who you ask. Some will give you the definition of what requires an investigation under harassment discrimination laws. Others will say that you should only conduct an investigation when it is absolutely clear that an investigation is legally required, in order to avoid [READ MORE ...]
The number of Harassment related retaliation claims being filed with the EEOC is continuing to increase year after year. And since retaliation judgments can be awarded punitive damages, these can be very costly claims. Last week the EEOC released new guidance on the definitions and applications of retaliation in [READ MORE ...]
When a complaint is received, does your company plan to contact a labor attorney as the resource to conduct your investigation? This has been the course of action for many HR professionals in the past and for good reason. Who better to conduct your investigation than an attorney with [READ MORE ...]
Some employees travel regularly as part of their primary job functions. When this is the case, they tend to conduct themselves in one of three ways: They learn the art of socializing with colleagues and customers in a friendly manner while maintaining a professional distance. They try to get [READ MORE ...]
Every manager and HR Representative has to deal with this type of complaint at some point during their career. As a matter of fact, these complaints are reported in the work place much more often than you might imagine. There are your everyday complaints, “Danny comes in to work [READ MORE ...]
There is such as thing as constructive silence….and then there is just silence. Unfortunately some employees believe that they are protecting themselves, or their co-workers, if they simply refuse to answer any questions in a workplace investigation. But the law does not allow employers to simply state that they [READ MORE ...]
While conducting harassment investigation training, I have been asked many times, “Are we required to investigate if we receive an anonymous letter or email reporting possible harassment?” The real conundrum is whether an email or voicemail meets the definition of a complaint if there is no identifiable complainant. Still, [READ MORE ...]
In the business world, nothing ever seems to be black and white. Instead, the daily grind comes in many shades of gray (way more than 50!). This too applies when a complaint is received by an employee, leaving the manager or HR representative to determine credibility of the claim [READ MORE ...]
Can you promise an employee that what they tell you about another employee will remain confidential? Can you ask an employee to keep the information discussed in a workplace investigation interview confidential? The answer to both questions is maybe, but not completely. Clear as mud? Many things in business [READ MORE ...]
If you ask any HR professional who has been responsible for employee relations, the majority of them will tell you they have had a conversation that started with this phrase. (I don't want you to do anything, I just thought you should know). Your response is very important, but [READ MORE ...]