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Grievances & Complaints

Employers have a duty by law to protect employees from discriminatory practices in the workplace. Employers must also protect employees from retaliation for exercising a legal right. Problems can arise, for example, when an employee is being sexually harassed or passed over for promotion for reasons other than job performance.

 

Other problems may arise when an employee is penalized for refusing to perform an illegal act or for serving on jury duty. For this reason, many companies provide for a grievance system that allows employees to lodge complaints without fear of reprisal.

 

A company's failure to adequately protect employees can subject the employer to liability. Numerous cases have been documented in which employers knew of complaints of discrimination or retaliation and took no action. In most cases, employers were required to pay the worker for damages.

 

It is incumbent upon employers to maintain adequate systems of communication, investigation, follow-up, and remedial action to ensure protection.

 

Explain the company's grievance system in the handbook. It will instill confidence and encourage employees to step forward if there is a problem.

 

Be fair and consistent. The grievance process should include a mechanism whereby aggrieved employees can bypass immediate supervisors, since the complaints often involve them.

 

Employers should take every complaint and/or report seriously. A failure to act tends to undermine employee confidence in the system. The results of every investigation should be documented.

 

Above all, maintain confidentiality of any and all complaints.

 

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