Module 11: Video Lesson

Intentional Diversity: Developing Strategies for Diversity in the Workplace Module Eleven: Dealing with Diversity Complaints as an Organization
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Transcript

Module 11 dealing with diversity complaints as an organization, an organization must take specific actions once a complaint has been filed. All complaints must be taken seriously and dealt with in a professional manner. As a company, you should be prepared with documentation, policies and procedures to follow if a complaint is ever made. We will look at the processes involved. If ever a complaint is put forth, receiving a complaint. If your organization has a formal complaint form, and the complaint consists of notes, transcribe them to the complaint form to make sure the information is complete.

Treat the person with respect and compassion. Do not blame or retaliate against the planer follow documented policies and established procedures. Wayne the need for an investigation based on the severity of the complaint, whether there is disagreement about the incident, and how any similar complaints were handled in the past, decide whether an investigation is warranted. If the issue is simple and straightforward or easily resolvable, a full name vestigation may not be warranted. But if the charge is serious, or you sense that there are other factors below the surface at play, and investigation is in order, you can identify one or more company employees to conduct the investigation. Use a licensed investigation professional or retain an attorney to conduct the investigation.

A company investigation should have some prior experience along with the ability to remain impartial and discreet. He or she should have higher ranking if possible than the complaintant. certain situations merit the use of an outside investigator. They include your organization does not have an individual qualified to conduct the investigation. The complaint involves widespread discrimination. The person accused of the infraction is a high level employee.

A company practice or policy is challenged as having a negative impact on a particular group. The complaint has been publicized in the community on radio, TV, or the internet. The complaintant has hired an attorney filed charges with the EEOC or other state or federal agencies or filed a lawsuit? conduct an investigation. You will want to find out who complained why. Who is being accused of discrimination.

Whether any witnesses have been named and what potential employment decision is being questioned. Follow the process below. Number one, map out the investigation. Ask some open ended questions to set the stage. What do you need to find out who might have important information? how best to obtain it.

Number two, assemble documents and other evidence, collect relevant email messages, employee files, performance reviews, attendance records, the work history of the complainant and the accused and any other documentation you feel will be helpful. Include copies of company policies. Number three, plan and conduct interviews. You will interview the complaintant the person or persons accused of discrimination and any witnesses explain the investigation process. The fact that confidentiality will be respected, that reprisal retaliation is prohibited, and that there will be opportunity for questions or concerns. take careful notes.

If you plan to tape the interviews make absolutely certain that you have received written consent forms from all involved persons. Note that a union member has a right to bring a representative to the interview if requested. When you interview an accused person or witnesses Take care not to divulge any unnecessary affirmation. Number four, review and evaluate the evidence. Examine the facts and access plausibility and credibility. Do witness reports support the complaint?

Try to draw conclusions. No, you may need a second opinion to validate their soundness determine whether misconduct occurred. The three most probable outcomes are that Miskin conduct occurred did not occur or it cannot be determined whether misconduct occurred. Choosing a response take action. If you find that discrimination occurred, take corrective action you want to a in the discrimination Be remedy the victim situation. carefully evaluate the circumstances and consider corrective actions.

The punitive actions should correspond to the level of severity of the infraction or infractions. And even if a solid conclusion cannot be made, preventative actions can be taken. Either way, options include warnings to avoid the offending conduct in the future, training or educational programs individually as a group or company wide verbal counseling or warnings, suspension, a corrective action plan or probationary period. deferral of a performance review date demotion, transfer of the offending employee reduction in salary or salary freeze termination with cause. document the investigation. Keep all notes and documentation of the findings.

Write a short form or report explaining the decision along with the reasons. Keep a copy and the company's confidential files. It should never go into an employee's personal file. Follow up. Contact the complaintant on occasion to make sure that the problem has stopped that there has been no retaliation and that the employee feels safe and comfortable at your discretion, you may also wish to contact the accused employee as well to make sure things have returned to normal. Learning from the complaint regardless of the outcome of the complaint, if you found ethnic, racial, gender, or disability practices, now is the time to make things better.

Below are some actions your organization should consider taking. Right or enhance your affirmative action and discrimination policies and procedures. make them available through multiple outlets, such as employee handbook, bulletin boards, and the company internal website. Train one or more qualified employees in your company to conduct complaint investigations. Add a page about the company's diversity programs to your company's website if one doesn't exist, Institute new diversity training programs or new program modules. Raise your management training bar so that managers and supervisors understand how to handle discrimination claims efficiently And effectively examine and modify promotion and hiring practices to make sure they're airtight with respect to protected classes in hiring and promotion.

Case Study, Joanna felt like her stomach was in knots after making a complaint about a co worker. She had thought about trying to resolve the situation herself. But she was too worried about retaliation from her co worker. Her manager Carlos followed all policies and procedures of the company by the book. He noticed that she was frowning and seemed distracted. Joanna, you still look worried?

Is there anything else you want to say to him? I said, Do you think there will be a full investigation? Will this be handled quickly? Or will it take a long time Carlos said, these matters can take time to resolve. However, sometimes complaints don't need a full investigation. If they can be easily resolved.

I'll take this matter to human resources, and we'll go from there. Joanna felt better knowing that her complaint was being taken seriously and that her manager had been honest with her

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