Managers often ask about the need to report and investigate workplace matters when the employee says she or he does not want to file a formal complaint after reporting misconduct.
Employees are not required to file a “formal complaint” in order for the employer to be obligated to respond.
Notice to any manager of potential illegal harassment is notice to the entire organization, and failure to promptly act and correct the problem could lead to legal liability pursuant to federal discrimination laws.
I recommend that organizations establish a list of behaviors that can never happen in the workplace.
These “never ever” behaviors should include anything about sex, racial epithets, touching, disparagement of another’s religion, age, medical condition, sexual orientation and the like. The “never ever” list includes behaviors that might even be welcome and/or consensual between two peers, but are nevertheless behaviors that should not occur in the workplace.
Thereafter, if the manager sees, overhears or believes that someone is engaging in a “never ever” behavior, even if no one is complaining, or if someone tells the manager that misconduct is occurring, the manager must be empowered to know what to do next.
Typically, the manager should only be required to report the observation/notice to someone who is in a position to investigate and resolve the issue, usually human resources, but in a smaller organization it might be the chief financial officer or the CEO.
Once on notice, the organization must take action to investigate, and correct promptly, any inappropriate behavior, as well as make sure that retaliation does not occur.
Many employees don’t want to get another person in trouble, or have the person lose his or her job, so they want to tell the manager something is happening, but they then ask that the manager not do anything. Many managers will want to honor this request.
There is more to consider than just legal liability. Investigating and resolving concerns of workplace misconduct will ensure your employees are what I like to call “game ready.”
Consider a college athlete, who is surrounded by people such as tutors for academics, counselors, trainers and the like. The school provides these services because they don’t want anything distracting the student/athlete when that player is on the field. They want the player “game ready.”
While the employer cannot resolve all of the problems that employees face, the employer should take action to resolve the concerns that may be distracting the employee and the employer is in a position to resolve.
For example, if an employee comes to a manager asking to talk to the manager, but requests confidentiality, the manager should notify the employee that confidentiality cannot be guaranteed. If the employee refuses to tell the manager what is on his or her mind, the manager should go to HR and tell someone there that the worker came to see the manager and wouldn’t say anything.
Regardless of whether illegal harassment is occurring, something is on this employee’s mind, which means the person is distracted. The organization needs to get the employee focused, and should take affirmative steps to make that happen.
I had a participant in one of my training sessions ask me if he should report to his employer certain conduct by his coworkers. He said that he has an autistic son, and his coworkers consistently referred to his son as “the retard.” They would ask him, “How’s the retard doing?” He expressed to me how much it bothered him.
This man said he was extremely distracted at work by his coworker’s conduct, making him not game ready, and the employer was in a position to make this better. He later emailed me to say he did tell his employer and the problem was resolved.
Resolving workplace harassment and misconduct starts with managers who see something, know something, believe something — and say something.