It still surprises me when I hear that employees have brought forth a complaint to HR or a company executive, and no investigation was conducted. Although the numbers are reducing over time, some organizations still believe that there is less liability in simply doing nothing. Then, if a claim arises, a quick settlement is the customary resolution. But where does this leave your company culture?
Although you may have a process in place, there must be a plan for actively using the process and communicating it to employees regularly to be effective. When reviewing your policy and process, is the strategy for Offense or Defense? When your favorite sports team takes the field, do you think they just run out on the playing field and start playing? Although that might be hysterical to watch, it would obviously be chaotic and inefficient. And for some of us, I understand that is how our investigation process feels at times. But it doesn’t have to be that way.
Taking an Offensive stance can reduce time spent on investigations, reduce potential liability exposure, improve retention and strengthen company culture through accountability and trust. In the SHRM article, “New Tools Aid HR During Workplace Investigations” Aaron Crews, attorney and chief data analytics officer with Littler in Sacramento, CA, confirmed that, “After receiving a notification letter from the EEOC or a state agency that a claim has been lodged, companies can respond before the regulatory body proceeds with the claim. Historically the EEOC has dropped over 53% of claims made based on the employer having performed a prompt and impartial investigation based on a planned, consistent process.
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