Have you ever filed a SUCCESSFUL discrimination complaint with EEOC or a local civil rights agency?
They are...and Y!A is a good example of why. Most people don't know what true discrimination is and what it takes to prove it. They think that just because they are a minority and get turned down for a promotion, or get disciplined at work, or don't get a job, that they have a "race" claim, and that isn't true. You are required to file a complaint with the EEOC first before you sue in court...b/c a federal judge will ask you if you have exhausted your efforts there first. The EEOC also caters to the business, not to the person filing the complaint. They will hold the complaintant to deadlines and allow for a company to miss theirs over and over again, and there isn't anything you can do about it, b/c they run the show. If the EEOC finds that there is NO discrimination you have 90 days from that decision to file a suit in open court....that is, IF you can find an attorney...people just think you can just pick up a phone and get an attorney to represent you....not that easy...they only want to fool with cases that they can win, and you must have a clear-cut case before they will take one pro-bono, otherwise you need the cash to fork out $250 an hour for one. People that have never ACTUALLY went through the process, have no idea of how frustrating it is. I had a close friend that did, a senior investigator with the EEOC told her she had one of the most clear-cut cases of pregnancy discrimination that she had ever seen....but people don't know, is that the MANAGEMENT of the local office can OVERRULE the recommendation of the investigator....in my friend's case, the company submitted information at the last minute, my friend was NOT given an opportunity to respond to it, and that very day the management mysteriously had a meeting and rendered a decision....which was not in her favor. She could not sue, because an attorney advised her she could be blackballed from her industry if she did....which had already started and made it difficult for her to find another job. THAT is the reality of it.
Can you please give examples of discrimination against disabled people in the work place?
Here are some examples of discrimination in the workplace: - It is discrimination when the workplace does not provide reasonable accommodations that an employee with disabilities has requested. - It is discrimination when an employee is fired because of their disabilities even though they were able to do the job. - It is discrimination when an applicant for a job is not hired because of their disabilities, despite being qualified for the job. - It is discrimination when an employee with disabilities is not given the same opportunities as other staff because of their disabilities. - It is discrimination when an employee with disabilities is not given an equal chance for promotions and such if they are equally/more qualified as others. - It is discrimination when an employee is treated differently/worse than other staff because of their disabilities.
How long do HR investigations usually take?
As people have already answered, it depends on many factors. It could go from days to weeks to months…As HR Professional, one tries to conduct all investigations as soon as possible (1–2 weeks), but sometimes it does not depend entirely on HR only. For example, if an investigation requires examining an employee’s computer, HR may not have expertise in computer forensics and must engage with a third party.I think it is worth mentioning that one thing is the actual investigation and another thing is the decision taken based on the outcome of the investigation.HR carries the investigation and writes a report with the facts and a recommendation of actions to take. But the actual decision typically depends on someone else in the top management of the company.Even if the investigation takes only 1 or 2 weeks, the decision might take much longer.
Employment Discrimination Law: At what point does the amount of attrition for minority employees at a company become suspect?
Attrition of minority employees at a company becomes suspect when it is no longer representative of the population sample and there is not a legitimate non-discriminatory reason for the disparity. A “cultural issue” is not a legitimate non-discriminatory reason for the disparity. 90% is worth investigating. The issue is escalated by a discharged minority employee filing a charge of discrimination with the EEOC or retaining an attorney to do so on their behalf.
How should HR personnel address reports of discrimination and harassment?
HR will have to ensure a Discrimination & Harassment Complaints process is in place to specifically address any complaints of Sexual harassment and an Internal Complaints committee is set up in order to prevent and deter the commission of acts of discrimination and sexual harassment within an Organization.HR would need to see that the committee will meet at regular intervals and discuss any complaints received.HR will facilitate the investigation process with the Complaints committeeOnce the investigation is completed, a determination will be made regarding the validity of the harassment allegations. If it is determined that harassment has occurred; prompt, remedial action will be taken. The committee will share the investigation details and the findings thereof with the HR Manager and agree on the applicable disciplinary action. This may include some or all of the following:· HR will restore any lost terms, conditions or benefits of employment to the complainant.· HR will take appropriate disciplinary action, up to, and including termination against the accused.All related documents will be maintained in the employee’s folder, ensuring confidentiality
What do I do about workplace discrimination?
Download the current legislation on discrimination in the workplace.Download company policy from your own company and another, similar and admirable company. Rewrite your own policy to include the legal language from law and to incorporate standards and ideals that you want to project.Write onto one page and work sexual harassment into the same policy. At the bottom in the finer print, make sure it says that termination is a possible company response to discrimination and sexual harassment.Post a one-page copy in every work area.Make a PA announcement directing people to read the policy.Wait 24 hours (of course, you are keeping a log of your actions).The first time an incident of discrimination (or sexual harassment) occurs, send both parties home. You will need to stagger their leaving times.Then have someone from your company lawyer’s office come over immediately to investigate. This will involve privately interviewing everyone in the vicinity and assuring that nothing they say will be made public unless the company needs to go to court. This will provide documents of the recent history of both parties.Have the lawyer determine if discrimination actually happened.If it has happened, fire the person by phone while he is still at home. Have a coworker drop off any personal items at his house.Have the victim stay off work for two days with pay and then try to move him to another location. If he is in harm’s way at your company, get him a job somewhere else.All you need to do is fire the first person and show everyone else that you have a process and a professional, third-party investigator prepared to make a determination based on current law.
What would you do if you noticed an employee treating another employee in a discriminatory manner?
It would depend on my position. As a manager I would have to take action, but as a fellow employee, it is not my place to get in the middle of that situation. As a manager, if a non involved employee came to me with such a complaint, I would most likely consider that employee to be a bigger problem than the ones who were not complaining, and would start looking for a reason to replace them
If you make an anonymous complaint to HR, is it legal for your boss to come to you and say, "I believe it was you that made the report"?
It’s perfectly legal and very common. The trick is to look completely stunned and puzzled and say, ‘no way.’ You have a right to your anonymity. HR has probably NOT told the boss who complained, but the nature of the complaint that they’re investigating leads the boss to guess, as nearly everyone who is accused does despite HR warning them not to (if they retaliate against you that will go much worse for them than if they just deny or justify).You, likewise, are under no legal obligation to reveal that you are the complainer at this stage. It might come out if the records are all subpoenaed later for court, but very, very few complaints every result in anything going to court, so you can probably remain anonymous as long as you are prepared to deny this. That won’t stop the boss still believing you did it and distrusting you, but they probably didn’t like you much to begin with if there was something for you to complain about, so you’re not much worse off and the boss is on the verge of confirming to HR by his accusation of you that he is a bad boss… so you may actually be a step ahead because of this and the boss is one step closer to the door.