In anticipation of a discrimination lawsuit, many employers try prove the company is right and spend tremendous resources to accomplish that goal. Some employers use harsh tactics to squash the victim. A victim may be squashed, but if that approach continues, other victims may rise up and strike a harsh blow against their employer.
From my 26 years of experience litigating employment dsicrimination cases in Southern California, employees are most open to quick and reasonable resolution when they first report an alleged unlawful employment action. So, that is when action should be taken.
Unlawful employment discrimination must be promptly stopped. Employers should consider an employee's complaint about discrimination as an opportunity to protect the company, establish a defense, and help the employee. That is a win-win approach.
The following are two things that every employer should do after an employee complains about unlawful workplace discrimination and before a lawsuit is filed:
1) Promptly and fairly investigate the complaint. Interview the employee, the alleged wrongdoer, and witnesses. Review relevant writings. Document all efforts undertaken. Don't rely upon policies, rely upon action. "Well done is better than well said." Benjamin Franklin.
2) Secondly, take remedial action. Even before all the facts have been ascertained, take reasonable steps to protect the employee and the company. If it later turns out that the allegations are unfounded, you will have lost little by having implemented fair and objective action to protect the company and the employee. If, on the other hand, no action is taken and the employee's allegation of wrongful conduct is established, you will have surely anatognized an already upset employee and have lost an important, early chance to start building a defense against a lawsuit. If you decide to neglect your employees, set aside a budget for defense counsel. You are going to need it.
In summary, prompt investigation and fair treatment of employees will save tens of thousands of dollars in litigation costs, improve workforce morale, and keep company resources applied for the company good. An employer that is fair, leads its employees instead of managing them. Be fair and keep your employees happy; it's a great way to improve the success of your company.
