Understanding the Disciplinary Process

sexualharassmentdisciplinarytraining
sexualharassmentdisciplinarytraining

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".

sexualharassmentdisciplinarytraining

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

By only providing sexual harassment training, employees could argue that the employer showed limited importance or respect for other types of harassment.

It is important to note that should a situation arise that a certain individual did not receive the training will not automatically result in liability of the employer for subsequent cases of harassment. This is why the Zero Tolerance concept for any type of Harassment, Discrimination, Disability, Orgin, religion & gender should be strictly adhered to.
 
sexualharassmentdisciplinarytraining
sexualharassmentdisciplinarytraining
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 
The role of the EEOC & other agencies in the Workplace:
 

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.

However, under Title VII and FEHA, an employee is permitted to file his or her own lawsuit. In this case, punitive and compensatory damages are capped based on the number of individuals the company employees. Caps do not apply to FEHA civil action damages.
 
sexualharassmentdisciplinarytraining
sexualharassmentdisciplinarytraining

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

By only providing sexual harassment training, employees could argue that the employer showed limited importance or respect for other types of harassment.

It is important to note that should a situation arise that a certain individual did not receive the training will not automatically result in liability of the employer for subsequent cases of harassment. This is why the Zero Tolerance concept for any type of Harassment, Discrimination, Disability, Orgin, religion & gender should be strictly adhered to.
 
sexualharassmentdisciplinarytraining
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 
sexualharassmentdisciplinarytraining
The role of the EEOC & other agencies in the Workplace:
 

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.

However, under Title VII and FEHA, an employee is permitted to file his or her own lawsuit. In this case, punitive and compensatory damages are capped based on the number of individuals the company employees. Caps do not apply to FEHA civil action damages.