Catch wind of potential discrimination at work? Better to investigate now

Q         An employee asserts he has been the target of discrimination and hints others may have been as well, but no equal employment opportunity (EEO) case has been filed. What is our best course of action?

A   When you learn about potential discrimination in the workplace, regardless of whether one or multiple employees may be affected or whether any legal action has occurred, your best course of action is to investigate. While your initial reaction may be that discovering potential bias isn’t in your best interests, the opposite is actually true.

Internal investigations are a crucial tool to help you respond to complaints and defend against potential legal claims. They can help you to determine:

• Whether any misconduct occurred;
• Who was involved in any wrongdoing;
• Appropriate discipline for the person(s) who engaged in the discrimination; and
• Any preventive steps to avoid similar conduct in the future.

From a legal perspective, a thorough, immediate investigation is critical in preparing a defense against possible liability from a discrimination charge or lawsuit. Especially with regard to harassment allegations, employers that don’t engage in a prompt probe may waive a defense.

Quick action improves employee morale