CONFIDENTIAL
As you know, the EEOC has determined that if a workplace environment is such that
employees are afraid to make complaints; this environment can contribute substantially
to a viable retaliation claim. Additionally, now any employee who participates in an
investigation is also protected from retaliation. Additionally, we have a responsibility to
investigate complaints promptly, thoroughly, and soundly. Just as important, we have a
legal responsibility to prevent any harassment, discrimination, and/or retaliation based
on any category protected by our city, state, and federal laws.
I am concerned about how the recent situation with (employee’s name or complaint) is
being handled. Unless I am unaware of additional information or documentation related
to this matter, I recommend that we revisit this situation and seek technical EEO and
Sexual Harassment Prevention (SHP) assistance to ensure that we at (Company) have
not made any errors in violation of any aspect of EEO law.
If we learn that any errors have been or are being made, I recommend that we
remediate those as soon as possible. Moving forward, I recommend that we consider
implementing a decision-making protocol that will include technical assistance
consultation from no-cost government or SHRM resources to prevent errors in the
future. Additionally, I recommend that all persons involved in EEO complaint-receipt,
investigations, or determinations attend formal training on EEO and SHP compliance
issues. I will follow this memo up with a list of quality upcoming available trainings in our
area or via webinar.
The resources below are free and available to us to use at any time. My membership in
SHRM provides free information, white papers, case-law information, and cutting-edge
research capabilities along with toolkits for how to best handle EEO and SHP-related
issues. I recommend that we use these resources in the future to ensure legally
complaint decision-making processes related to EEO and SHP issues.