The Chronic Complainer: Must You Investigate?

Yesterday we shared a hypothetical posed by Denise Kay,
SPHR, Esq. Kay is president of Employment Practices Solutions, Inc., in Lakewood, Colorado.
She recently spoke at the Society for Human Resource Management Legal and
Legislative Conference in Washington,
DC.

 

Here’s the Scenario:

 

Sue has a propensity for complaining, Kay says. She seems
perpetually uptight and upset about one thing or another. First it was her cube
location, then the smell in the lunchroom, then the transfer to the east wing.
You’ve about had it.

 

But now she’s coming in with concerns regarding her new
boss. Sue’s boss is the protégé of the company CEO. He’s being groomed for an
executive position. Sue says he’s a male chauvinist who is argumentative and
not giving her a fair deal. Today, she determined that he is favoring the male
colleagues in her department and notes that he asked her if she had any kids at
home.

 

She says she’s had it, and she shows up at your door to
complain. For maybe the 20th time.

 

Do You Investigate?

 

Yes. You have to investigate, Kay says. The allegations
could be true. If you fail to investigate:

• You can defeat the Faragher/Ellerth defense
• Your objectivity can be questioned
• Trust is eroded
• Fair and equal treatment will be compromised

 

Do You NEED an
Investigation?

 

If you are ever unsure about whether to investigate, Kay
suggests asking the following:

• Does business policy mandate an investigation?
• How serious is the complaint?
• Who is implicated?
• Who is complaining?
• Is there or has there been more than one complaint?
• Can you see litigation looming on the horizon?
  

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Courts generally indicate that notice of complaints related
to the following should be investigated:

• Harassment
• Discrimination
• Theft
• Substance abuse
• Violence
• Internet/e-mail usage
• Insubordination
• Ethics
• Financial

 

Remember, says Kay, a complaint can be any one of the
following that is reported to anyone in Human Resources or anyone who is in a
management/supervisory level or higher:

• A rumor
• Confidentially imparted information
• Informally reported information
• Formally reported information

 

Don’t force the person reporting the complaint to put it
into writing, Kay says.

 

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