Havre Job Service Employers'
Committee Employer Resource Guide
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Havre Job Service Employers'
Committee Employer Resource Guide
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Investigation of a Discrimination Complaint1.
Where to begin- it is
“Illegal Discrimination”? or do I refer them somewhere else? ·
What
is the protected class? (Name the protected classes:__________________) ·
What was the adverse action? ·
Is there a causal link? ·
Is it timely? (What are the statutes of
limitation? ______________) Depending on
your answers your may have a civil rights complaint. 2.
Conducting an investigation -
What do I do now? ·
A complaint has been made
[whether it is in writing, a verbal notice or even second hand information]- you
now have knowledge and must act! ·
Don’t ignore
or hope it will go away, even if you are uncomfortable or if the complainant
then decides they don’t want to follow through. [US SP Ct cases] ·
Contact your
EEO officer, or Civil Rights officer for guidance, support etc. Determine what
your agency policy/reporting procedure/grievance procedure is, and follow it. ·
Reporting-Once
employer has knowledge or should have known - take it seriously, get the facts,
don’t require a complaint in writing. ·
Determine Immediacy
- of the problem, develop timelines for investigation and action, (i.e.
immediate harm or 10 days to investigate). Notify the parties, the alleged
victim and the alleged harasser of timelines for your investigation and
response. ·
Plan your investigation
and document at each step. a.
Prepare an investigative plan. Insure the discrimination stops once you
learn of it. b.
Interview the complainant: who’s in charge of the interview? Set the
stage: you determine whom, where and when to interview. Consider issues of your
safety, confidentiality, privacy, and comfort level of parties. Ideas: · Role of Investigator ·
How investigation will proceed ·
Who will make final decision ·
3rd person
present? · Listen without interrupting as complainant describes the alleged discrimination
· Ask! LISTEN/ clarify · Written notes · Comfort level/ ground rules · Assure non-retaliation
·
Privacy as possible. (Facts to those
who need to know, expect the same)
·
Context of the events
·
Neutral appearance
·
Other ideas (what remedy? documents
available?)
·
Conclude
·
Establish a time line
·
Remedy/action
·
Role of Investigator
· How investigation will proceed
·
Who will make final decision
d.
Interview witnesses.
(See list for b) ·
Role of Investigator ·
How investigation will proceed ·
Who will make final decision e.
Hostile
Witnesses. ·
what was the offensive conduct- verbal,
physical, both-specific examples -quotes ·
how frequent - when, where, who,
witnesses ·
was conduct hostile or patently
offensive -who was alleged harasser ·
did others join in or perpetuate ·
was harassment directed at more than
one individual ·
was behavior unwanted and unwelcome to
a reasonable person ·
“Reasonable woman standard” (ct
recognizes violence towards women! stalking more common) ·
how did it affect you Insure
no retaliation Keep
parties informed Demonstrate
Sensitivity and Respect If
discrimination is found take immediate & appropriate action to remedy, which
does not harm the complainant. 3.
Write
your report- use
your investigative plan as an outline. Analysis: Does the complainant make a
prima facie case, does respondent present a legitimate nondiscriminatory reason
for its actions; can complainant show this reason is either untrue or pretext
for discrimination. 4. Practice situational examples of investigation techniques. Write
an investigative plan, apply it, and report your finding. Groups of
three: 1 investigator; 1 complainant, respondent or witness; and 1 observer who
will report to the larger group observations of what worked and what did not.
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