Employee Complaints & Investigations

An employer is required to take prompt, remedial action in response to employee complaints regarding discrimination, harassment and/or retaliation. 

Recognizing that an employee complaint may not specifically use the term “discrimination” is important. For example, an employee may report they are being “treated differently” than their peers which, following an investigation, may prove to be discriminatory treatment. 

The employer’s investigation should consist of interviewing the employee who complained, any alleged parties and others who may have relevant information, such as witnesses. The employer should ensure all employees involved in the investigation are informed of their rights and protection from retaliation. 

In regard to harassment complaints, the employer should take steps to ensure the harassment ceases prior to completing its investigation. This can be achieved by separating the parties through scheduling, temporary department changes, non-disciplinary leave, etc. Please note: The separation should not burden the employee who complained, as it could potentially be considered retaliation. 

The employer should provide notice of the findings of its investigation to the employee who complained and involved parties, as appropriate and applicable. If it is found that the employee’s complaints were credible, the employer should take immediate measures, such as disciplinary actions, which are proportional to the seriousness of the offense. 

The employer should not disclose confidential information and/or discipline resulting from an investigation.