Suffering discrimination or harassment can be upsetting and distressing as an employee. You might be wondering how someone thinks they can get away with such behavior in this day and age.
If this is your situation, it’s important to know that California law gives you significant protection. It makes it very clear that discrimination and harassment are not acceptable and that employers must treat claims with the seriousness and respect they deserve. Understanding what that might look like can give you the courage to speak up if you feel your employer has not taken your claim seriously or has not done enough to resolve it.
An internal investigation
Your employer does not need to take you at your word, and it would be unfair to the party you are accusing if they did. What they should do is conduct an internal investigation and document everything as they go along.
They should choose who will conduct the investigation with care. It needs to be someone with sufficient training and tact to handle what can often be delicate matters. Often, that means one of the HR team, but sometimes it requires bringing in someone from outside. Whoever they choose, they need to be impartial to give you and the person you are accusing a fair hearing.
The person chosen should gather what other evidence they can. That could mean talking to people who witnessed the events, taking copies of relevant messages or emails, or, if your workplace has cameras, reviewing footage.
A decision
Once the investigator concludes their investigation, they should communicate their findings to your employer. They can then decide on what action they will take, but they don’t have a completely free hand. They need to adhere to state and federal laws and any company disciplinary policies outlined in your employee handbook or elsewhere. Regardless, they should communicate their decision to you and the other party without undue delay.
If you are at all unsure whether your employer is handling the matter appropriately, it may be wise to seek legal guidance as to your options.