Page 4 - NL NOV 2019.indd

4 November 2019
EEOC – Handling Internal Discrimina on Complaints

Despite your best eff orts to implement a fair
disciplinary policy and ensure that managers apply
the policy consistently, employees may complain that
they were treated unfairly for discriminatory reasons.
For example, an employee may complain that he was
punished more severely than other employees who
broke similar rules because of his race.

Conduc ng a prompt, thorough and impar al
inves ga on of internal discrimina on complaints
about disciplinary ac on and taking appropriate
correc ve measures when necessary may resolve
problems and prevent them from happening again.
The following ps may be helpful in this process.

Ask the employee to:
V Explain why he believes he was treated diff erently
than other employees; and

V Iden fy other employees who he believes were
treated more favorably.
Meet with the manager(s) involved in those
disciplinary decisions. Ask them to:
V Explain the disciplinary ac ons imposed on the
employee and others who commi ed similar
infrac ons; and

V Explain the reason(s) for these ac ons, including If you fi nd evidence of discrimina on, ensure that the
the reason(s) any employees may have been discrimina on stops immediately, correct any eff ects
treated diff erently or be er than other employees of the discrimina on, and prevent it from happening
who commi ed similar infrac ons. again.

Determine whether the disciplinary policy was V For example, if you determine that an employee
consistently applied. was punished more severely than other employees
because of his race, amend any relevant
V If employees who commi ed similar infrac ons
were not punished, or were punished less severely, documents to refl ect the appropriate disciplinary
determine if this response was jus fi ed. For ac on, if any. Provide the employee any pay,
example: seniority or other benefi ts he would have received
if he had been treated properly.
• Was the infrac on a repeat off ense for
the employee who complained about V Consider whether to discipline any managers
discrimina on and a fi rst off ense for the involved in the discriminatory disciplinary ac on.
employees who were treated more favorably? If you determine that the punishment was warranted,

• Were the infrac ons similar? For example, did inform the employee.
the employee who reported discrimina on use V It may be helpful to explain the steps you took
vulgar language in front of customers, while to inves gate the complaint, the results of the
the other employees used vulgar language only inves ga on, and the basis for your decision.
in front of co-workers? Make sure to document the results of the

• Were there other circumstances that merited inves ga on and any correc ve or preventa ve
trea ng employees diff erently? ac on taken.

Timber Products Manufacturers Associa on