Get access to the exclusive HR Resources you need to succeed in 2018!
SHRM board member David Windley discusses how unconscious bias can derail workplace diversity efforts.
Is your employee handbook keeping up with the changing world of work? With SHRM's Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Build competencies, establish credibility and advance your career—while earning PDCs—at SHRM Seminars in 12 cities across the U.S. this spring.
#SHRM18 will expand your perspective – on your organization, on your career, and on the way you approach HR. Join us in Chicago June 17-20, 2018
Decision-maker who is in the dark about complaint may be best person to investigate misconduct
Employers often struggle with how to discipline an employee who has engaged in misconduct but who has also filed a complaint, such as a harassment or discrimination charge, without setting themselves up for a retaliation claim.
An HR professional who is unaware of the complaint could investigate the employee's performance before the manager disciplines the worker to reduce the chances of a retaliation claim, recommended Daniel Kaufman, an attorney with Michael Best & Friedrich in Chicago. "Then if discipline is imposed, the company is able to say that someone who was not aware of the claim reviewed the misconduct," he said.
Retaliation cannot be shown without establishing that the decision-maker—or someone who influenced the decision-maker—knew of any protected complaint activity, the Equal Employment Opportunity Commission (EEOC) notes in its Aug. 29, 2016, guidance on retaliation.
Other ways an employer can disprove retaliation, according to the EEOC in its guidance, include reliance on:
The agency's examples of what constitutes unlawful retaliation range beyond termination and discipline to include such actions as:
HR as Investigator
Walking on Eggshells
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Your session has expired. Please log in again before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
CA Resources at Your Fingertips
SHRM’s HR Vendor Directory contains over 3,200 companies