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Oracle Tips by Burleson |
Treat
Complainants with Care
IT employees have protected rights to complain
about or report discrimination,
harassment, or any other unlawful acts in the workplace. Even before
such a complaint is filed, all IT managers should be knowledgeable of
related laws that provide protections, and the reactionary behaviors
that managers should not engage in. Any actions taken by the manager,
intentional or otherwise, which appear to be punishment or retaliation for
an employee filing a complaint will provide the complainant with
justification for a retaliation lawsuit.
Retaliation charges may be made even if the
initial complaint is found to be not true as long as the complainant
can prove that they were negatively impacted. Employees who
participate in the investigation of a complaint such as making a
witness statement are also protected. Therefore, employers should not
take wrongful action against IT employees who assist in
investigations. For example, if an employee has been verbally
harassing another employee and it is witnessed by a third employee,
then the witness is free to provide statements to investigating
governmental agencies without fear of retaliation.
There are many actions that could be considered
retaliatory including poor and unfair treatment, unreasonable and
unethical assignments, poor performance appraisals that are unfounded,
demotions, transfers to undesirable job positions, and so forth.
The employer should address workplace complaints
by focusing on the person responsible for the actions in the
complaint, rather than taking actions that adversely affect the
complainant or any other individuals assisting in the case.
The complainant should
be assured by the employer that the complaint is taken seriously, a
full investigation will be performed and held in confidence within the
investigation, and the complainant will be regularly updated during
the process.
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