03/ 02/ 2006
by Charles R. McConnell
Few managers who have ever been involved in a human rights complaint are happy to see one arrive. An external agency determines the timing of a complaint and the time frame for the company’s initial response. Thus, a human rights complaint is always an intrusion on management’s routine, so there’s no “good” time to deal with a complaint.
A human rights complaint is an allegation of discrimination. An ex-employee might claim that his or her termination was discriminatory; a current employee might allege discrimination in taking disciplinary action or applying employment terms and conditions; a job applicant might cite discrimination as reason for the company’s failure to offer employment. Filing a complaint costs an individual only the time and effort involved in visiting the nearest office of the State Division of Human Rights (the name might vary from state to state). Some aggrieved individuals may first go to the Equal Employment Opportunity Commission (EEOC), but the EEOC will usually refer the complaint to the state agency and take it back only if it remains unresolved for a long period or promises to develop into a lawsuit.
Managers who've had minimal experience with human rights complaints are likely to exhibit two common reactions: The desire to fight every complaint that arrives and the urge to immediately call an attorney. But neither reaction is appropriate. Some human rights complaints should be conceded or at least subjected to negotiation and can be resolved without attorney involvement.
The substance of a complaint ordinarily consists of several numbered allegations written up by a agency representative following an interview with the aggrieved individual. Complaining individuals receive agency assistance in articulating their grievances. It’s extremely easy for individuals to initiate human rights complaints––it only takes showing up at the agency and letting agency personnel do most of the work.
It’s important for someone in the organization, either a human resource practitioner or another manager, to manage the response to a complaint and keep it moving as necessary. You will be given a certain time frame (30 days is not uncommon) in which to supply detailed written responses to the allegations in the complaint. In addition to written answers or explanations, some responses will require the submission of other documentation. You should make every effort to meet specified deadlines; if there are to be delays (and often there will be), let them be the fault of the external agency.
The initial step following receipt of a complaint should always be a prompt, thorough and honest internal investigation to gather information and assess the complaint’s substance. The investigation, which inevitably includes interviews of interested or involved parties in the organization, is conducted for two important purposes: To obtain information for responding to allegations; and to determine whether an effort should be made to resolve the complaint by working directly with the agency without involving attorneys.
When a complaint has sufficient substance, the best course of action is to negotiate a settlement. In other words, if the investigation indicates that the company is in the wrong, it makes sense to negotiate some agreeable arrangement for resolution. For example, a registered nurse was rejected for employment based on a recruiter’s judgment that her age (on the high side of 50) and a voluntarily admitted physical limitation left her unable to do the job for which she applied. The recruiter’s position? “The poor thing (the job applicant) just wouldn't be able to stand the pace on that unit.” The nurse filed a human rights complaint alleging discrimination based on age and disability. The negotiated settlement included an independent medical examination to determine whether the individual was able to meet the requirements of the job. Based on the medical examination, the nurse was hired. Had this complaint simply been opposed from the start, the employer would most likely have lost and would have wasted considerable time, effort and perhaps legal fees defending the largely indefensible.
When a human rights complaint arrives, don't immediately call a lawyer and don't instantly decide to fight it without first investigating thoroughly. When it’s likely that your company is at fault, concede or negotiate. Call the attorney only when all good-faith efforts fails to bring an acceptable resolution; or when the complainant or human rights agency resorts to legal action. (Whenever the other side brings in an attorney, you have little option but to do likewise.)
