Antidiscrimination policies alone don't eliminate employer liability

A recent report issued by the National Guard Bureau's Judge Advocate in the Office of Complex Investigations (NGB-JA/OCI) found the Wisconsin National Guard's policies, procedures, and investigatory protocols for discrimination, sexual assault, and harassment complaints were noncompliant with federal law and regulation—and in various respects, were deficient or failing. Most seriously, the report found the Guard's investigations of discrimination, assault, and harassment allegations were significantly deficient, and their accuracy and legality were compromised.

The NGB-JA/OCI's report should serve as a stark reminder to publicand private-sector employers alike that without proper enforcement, even the strongest antidiscrimination policies may not protect you from liability. The risks associated with apathetic responses to discrimination complaints can largely be mitigated, however, by developing and implementing sound complaint response procedures, especially related to investigations.

Policies plus procedures don't always equal compliance

The Wisconsin National Guard is subject to a robust legal and regulatory antidiscrimination framework. It's a covered entity under Title VI of the Civil Rights Act of 1964 and is subject to the Department of Defense Military Equal Opportunity Program (DoD MEO).