How Does HR Handle Discrimination
By Corey Hanrahan
How does HR handle discrimination? In today’s workplace, Human Resource professionals (or as they’re commonly referred, HR professionals) are expected to serve as the first line of defense against unlawful employment actions, including discrimination and harassment. They not only have the critical task of understanding and enforcing the legal obligations set forth by laws such as the Fair Employment and Housing Act (FEHA), but also play a pivotal role in shaping an inclusive and fair work environment. Unfortunately, HR sometimes decides to protect the employer at the cost to the employees.
“…They not only have the critical task of understanding and enforcing the legal obligations set forth by laws such as the Fair Employment and Housing Act, but also play a pivotal role in shaping an inclusive and fair work environment…”
Just Do Your Job
The FEHA provides California employees with protections from harassment and discrimination in the workplace. HR professionals need to have a clear understanding of these laws to ensure compliance and avoid costly legal repercussions for their organizations.
HR is expected to be a point of contact for employees who have complaints, including complaints of unlawful discrimination and harassment. Human resources should keep an open-door policy so that employees feel safe reporting unlawful conduct at work. When employees do not feel safe making reports, unlawful conduct often goes unreported, which often results in unlawful conduct running rampant at work.
Once HR becomes aware of a complaint, it should create a formal report of the complaint and launch a proper investigation. Along with the investigation, HR should implement immediate (even if temporary) remedial measures to protect the complaining employee from retaliation, harassment or further discrimination. This will ensure that the employee is safe while the investigation process plays out. If the HR department does not have the ability to conduct the investigation with impartiality, then the company should outsource the investigation process to a competent company or individual who can.
Through the investigation process, HR should determine whether there is merit to the complaint, interviewing all people involved and all potential witnesses. This will help the HR department make a reasoned conclusion and determine what appropriate remedial action to take. The remedial action should do two things: (1) punish the wrongdoer for the conduct, and (2) seek to discourage future misconduct by the wrongdoer (or any similar conduct by an employee – in other words, it should send a message).
HR professionals are uniquely positioned to address legal violations in the workplace. By being vigilant, proactive, and committed to upholding the rights of every employee, HR can lead the way in creating fair and inclusive workplace environments. The examples and strategies discussed here serve as critical reminders of the significant positive impact HR can have when tackling discrimination head-on. Moreover, by continually evaluating and refining their approaches, HR teams can ensure they remain at the forefront of the workplace justice movement.
Unfortunately, HR professionals are not always on your side. You may find HR ignoring your complaints that our workplace rights are being violated. Sometimes, with smaller employers, there are no HR professionals, or no HR department. Oftentimes, the HR professionals may be related to (or close friends with) the wrongdoer. If you feel that the HR professionals at your workplace are not doing their job to stop unlawful workplace actions, reach out to The Hanrahan Firm for a free consultation.