Understanding the Disciplinary Process
in Workplace Harassment
Search by Topic
Understanding the Disciplinary Process
Forming Discipline Policies In the Workplace
Many states & the EEOC strongly suggest that employers equip their managers and supervisors with a quality understanding of their responsibilities under the company’s harassment policy, complaints procedure, and discipline policies.This knowledge can be provided through regular training. The training should seek to enlighten employees on:We will absolutely ensure that following our extensive one-on-one-training, your employee completely understands their obligations to act as a role model for your organization, & the value of “Common Sense”.
- Seriousness of the company's anti-harassment policy, ( The Zero tolerance harassment policy )
- Role of managers and supervisors who learn about a case of alleged harassment in the workplace.
- Types of conduct that would violate the company's anti-harassment policy.
- The company's prohibition against retaliation.
When it comes to forming discipline policies, companies should provide comprehensive training not only on sexual harassment, but also relating to:
- Disability Harassment
- Ageism
- Racism
Search by Topic
By only providing sexual harassment training, employees could argue that the employer showed limited importance or respect for other types of harassment.
What H.R. should do when made aware of possible harassment issues:
- Meet with parties involved, get both sides of the story
- Take steps to insure any form of harassment stops immediately
- Emphasize the confidentiality factor for all concerned
- Determine the proper investigator & investigative procedure
- Inform compliant of action to be taken
- Conduct a fair, impartial investigation, including evidence gathering and interviewing witnesses
- Reinforce prohibition against retaliation to all parties
- Determine the truth of the matter & take appropriate remedial action
- Monitor the situation to prevent repetition or retaliation
- Inform complainant of action taken
An employee (former, current, or independent contractor) may approach either the EEOC or the DFEHA or both with charges or complaints regarding harassment. Other individuals with professional relationships with businesses may also be classified as victims of harassment, including clients, customers, vendors and so forth. The victim’s complaint will outline the general facts that support the harassment claim
- The Equal Employment Opportunity Commission (EEOC) is tasked with prosecuting discrimination claims under federal law.
- The Department of Fair Employment and Housing Act (DFEHA) prosecutes claims that are brought under California law.
Once a complaint is filed, the DFEHA or EEOC will be responsible for investigating charges and taking action by issuing a “right to sue” letter to the victim, or taking direct action against the employer on behalf of the victim. A “right to sue” letter gives the victim permission to file a civil lawsuit.
If the EEOC and of DFEHA decide to bring a civil action, it may be brought before the Fair Employment and Housing Commission (FEHC), however, the damages they award is usually limited to $150,000 for emotional distress. The FEHC may not seek punitive damages.