5 Common Misnomers Re: Employer Retaliation

We all know that the laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC) make it illegal to fire, demote, harass, or otherwise retaliate against either job applicants or employees based upon the individual doing any of the following: filing a charge of discrimination, complaining to their employer about discrimination on the job, or participating in an employment discrimination proceeding, […]

Your Employee Called the EEOC. Now what?

Any employee who feels he/she has been discriminated against or harassed can file a complaint against her employer with the Federal Equal Employment Opportunity Commission (EEOC) or State Fair Employment Office.  Whether or not the complaint has merit, the employer must then spend time, effort, and often money to defend their position. Knowing what steps […]

Does This Require an Investigation?

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 shining light on the situation. Most […]

Top 10 Investigation Challenges – Part 6; Hygiene, Bodily Functions and other Uncomfortable Conversations.

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 smelling like garlic and has such […]

Top 10 Investigation Challenges – Part 3; Ask these five questions to determine if an investigation is required.

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 and decide whether an investigation is […]

Top 10 Investigation Challenges – Part 2; Confidentiality – The promise to keep things quiet.

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 and human resources are, but let’s […]

Top 10 Investigation Challenges – Part 1 When an employee says…I don’t want you to do anything, I just thought you should know.

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 can go one of two ways. […]

The 10 Most Common Complaint and Workplace Investigation Challenges

Welcome to the new series! Although there are many books, white papers, seminars, etc. on the topic of conducting workplace investigations, these generally are learning tools to tech the process and the legal requirements behind the investigation. However, as any seasoned HR professional will tell you, there are things that can only be learned through […]

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