[Excerpts from a special article written by Louis P. DiLorenzo]
There are many reasons for training supervisors on how to apply corporate policies and their related legal issues. Two of the most important are:
- supervisors, more than anyone or anything, create a human resources culture by the manner in which they enforce the employer's policies, and
- such training may serve to prevent employer liability or minimize the recovery of damages, including punitive damages, should they be awarded.
A very important area of supervisory training involves understanding and avoiding employee retaliation claims. Supervisors need to understand the type of activity that is protected under the law. Such activities may include whistleblowing, harassment, opposing discrimination to themselves or someone else, filing complaints, testifying, participating in an internal investigation, providing and gathering evidence to support a claim.
The number of retaliation claims has doubled in recent years, and many are regularly tacked on to other discimination complaints. Supervisors need to know that even if the main claim is found to lack merit, the employer can still be found guilty of retaliation.
One of the main reasons liability is often established is that juries and other decision makers tend to believe that human being are inclined, at varying levels, to seek retribution against those who they believe have wronged them. The law, since the Supreme Court's decision in Burlington Northern, now prohibits retaliation conduct committed away from work and perhaps directed at the protected employee's friends or relatives. The test now is whether the employer's conduct is likely to deter a future employee from complaining.
The purpose is to handle employee grievances and resolve complaints internally, rather than externally. To this end, here are four characteristics of a good internal grievance procedure or open door policy.
- Broad jursidiction over all types of claims or disputes (the goal is to get claims into the process).
- Either no statute of limitations or limits which are equal to or in excess of those legally applicable.
- Multiple avenues of complaint to make certain access is not discouraged because an individual gatekeeper is the target of a complaint.
- A simple process and appeal mechanism that provides the level of fairness and relinquishment of control which is appropriate, taking into consideration the nature of the business, organizational culture, and type of expected claims.
To have an effective corporate policy, training for supervisors and managers should include:
- a very good understanding of the policy and reasons for it,
- an understanding that internal complaints are to be welcomed and encouraged (the alternative is external litigation, complaints to governmental agencies, plaintiff lawyers or unions),
- that understanding that complaints must be handled promptly, and
- that employees are not to be retaliated against for utilizing the procedure.
Word travels fast in a workplace concerning grievance resolution. It's important that employees use their employer's internal procedures, and supervisors need to understand that fact.
[Mr. DiLorenzo is a senior partner at Bond, Schoeneck & King, PLLC, and Co-Chair of its Labor and Employment Law Department.]
Recent Comments