If an employee comes to you complaining about alleged harassment, it’s a no-brainer: You launch an investigation, end of story. But what about an employee who comes to you with a bullying complaint?
While bullying itself is not technically illegal, bullying can be one way in which discrimination or harassment is being carried out. Also, you need to remember that an employee who is in fact harassing, bullying or discriminating against one employee may well we treating other employees similarly.
Keep up on the differences between California and federal law with ERI’s comprehensive, fully updated desk reference, the 2011 Guide to Employment Law for California Employers. Try it out risk-free!
Under California law, employers have an independent duty to investigate and take reasonable steps to prevent and remedy harassment and discrimination, even if no employee affirmatively complains. Once you become aware that discrimination or harassment may have been or is taking place, you must act to confirm what has occurred, and, if verified, take steps to ensure that unlawful conduct does not continue.
In addition, once an employee “puts you on notice” that illegal conduct may be occurring, that employee has engaged in protected activity. An employee who has engaged in protected activity has affirmatively triggered your obligation to investigate and prevent further illegal conduct, and to take steps to remedy past illegal conduct.
You also have an obligation to not engage in retaliation against complaining employees, and to ensure that others (coworkers, supervisors, and managers—even those at the highest level) don’t retaliate.
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Employers should always take steps to make sure complaining employees know that they are protected from retaliation.
Tomorrow—what to do if an employee tells you not to investigate? We’ll also look at a must-have reference that will answer all of your trickiest employment law questions in one place.