Understanding the Disciplinary Process
in Workplace Harassment
Forming Discipline Policies In the Workplace
Many states & the EEOC strongly suggest that employers equip managers and supervisors with a quality understanding of their responsibilities under the company’s harassment policy, complaints procedures, and discipline policies.This knowledge can be provided through regular training. We will ensure that your employees completely understands the following:
- Obligations to act as a role model for your organization, and the value of “Common Sense”
- Seriousness of the company's anti-harassment policy (The Zero tolerance harassment policy)
- Role of managers and supervisors who learn about a case of alleged harassment in the workplace
- Types of conduct that would violate the company's anti-harassment policy
- The company's prohibition against retaliation.
When it comes to forming discipline policies, companies should provide comprehensive training not only on sexual harassment, but also relating to:
- Disability Harassment
- Ageism
- Racism
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The Need for Comprehensive Training:
By only providing sexual harassment training, employees could argue that the employer showed a lack of importance for other types of harassment.
It is important to note that should a situation arise where an individual did not receive the training, this will not automatically result in liability to the employer for subsequent cases of harassment. This is why the Zero Tolerance concept for any type of Harassment, Discrimination based on Disability, Origin, Religion and Gender should be strictly adhered to.
What H.R. should do when made aware of possible harassment issues:
Contact MVP Seminars and implement a training program to achieve compliance as soon as possible.
An employee (former, current, or independent contractor) may approach either the EEOC or the DFEHA (or both) with charges or complaints regarding harassment. Other individuals with professional relationships with businesses may also be classified as victims of harassment, including clients, customers, and vendors. The victim’s complaint will outline the general facts that support the harassment claim
- The Equal Employment Opportunity Commission (EEOC) is tasked with prosecuting discrimination claims under federal law.
- The Department of Fair Employment and Housing Act (DFEHA) prosecutes claims that are brought under California law.
Once a complaint is filed, the DFEHA or EEOC will be responsible for investigating charges and taking action by issuing a “right to sue” letter to the victim, or taking direct action against the employer on behalf of the victim. A “right to sue” letter gives the victim permission to file a civil lawsuit.
If the EEOC or DFEHA decide to bring a civil action, it may be brought before the Fair Employment and Housing Commission (FEHC), however, the damages they award are usually limited to $150,000 for emotional distress. The FEHC may not seek punitive damages.