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discrimination complaint
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Just wanted to run something by everyone for comments.
I had an employee come to my office to say that he feels he is being discriminated against by the director and manager. Gender discrimination.
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discrimination complaint
posted at 9/14/2011 9:27 AM EDT
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Posts: 189
First: 9/27/2000
Last: 9/14/2011
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Just wanted to run something by everyone for comments.
I had an employee come to my office to say that he feels he is being discriminated against by the director and manager. Gender discrimination. I called and talked to the director of the section of company. I told the director that I would be doing a investigation on the charge. The director then went and approached the employee and told the employee they needed to put something in writing. I am in the prrcess of the investigation and the director asked me if the employee wrote any of this down, I said no we talked about the details in person. the director is saying that i can not do an investigation with out the claims in writing because if the employee does not write it down then it is only hearsay.
As an HR professional I need to investigate the issue even if the employee does not write it down but comes to me wiht the issue. Does anyone agree?
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discrimination complaint
posted at 9/14/2011 9:55 AM EDT
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Posts: 2442
First: 2/12/2000
Last: 9/14/2011
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I do not agree but that does not make your HR head wrong. What he/she is telling you is that the want the person to be as specific as possible with regard to times, dates, specific conversation, actions, witnesses to any of the events etc.
The person does not have to write it out them self but you can interview the person, obtain the answers to the questions and then have them sign off on the bottom that this is a full and correct account of what happened. It certainly makes it easier to do the investigation that will now be done.
When you go to the complaining party you ask them to provide their view of the same interactions.
It can still become a case of he said/she said regardless. Certainly make sure you talk to as many individuals of this supervisor both past and present as you can to sort out the truth.
Hope our friend Dave Arnold weighs in on this as well as I "trust that would help".
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discrimination complaint
posted at 9/14/2011 10:11 AM EDT
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Posts: 1771
First: 10/24/2002
Last: 9/14/2011
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I think it's very interesting that the person trying to slow down the investigation is also the person being complained about.
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discrimination complaint
posted at 9/14/2011 11:36 AM EDT
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Posts: 2146
First: 2/15/2006
Last: 9/14/2011
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Have to agree that the director should NOT have gone to that employee and as a matter of fact should have been told specifically NOT to approach the employee as it could be viewed as retaliation or intimidation.
That said, I do agree that we ask employees to put their complaints into writing being as specific as possible. Mostly because it is easier to remember later and their words are better than your remembrances. Because you have a bias that they do not.
So hrbth has a good point. The director that is being complained about needs to be told to step back from the whole situation until it is time to do their interview for the investigation.
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Re: discrimination complaint
posted at 9/22/2011 11:08 AM EDT
on Workforce Management
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Posts: 10
First: 9/22/2011
Last: 1/20/2012
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Hi: As a starting point, gender discrimination is often another name for sexual harassment--not sure if that is the intent here. That aside, it is prudent to record information and have the complainant sign the document or receive it in writing to provide good documentation, however I certainly wouldn't ignore the employee's verbal complaint. Also, obviously the director and manager should not be following up with the employee with respect to this matter, since they are the focus of the complaint.
I trust this is helpful.
Dave Arnold, Ph.D., J.D.
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