Receiving employee complaints is nothing new to most employers. Many employee concerns can easily be handled internally when they deal with standard frustrations about management style, workload, or even working conditions. But when an employer receives certain types of complaints, it might be worth considering outsourcing the company response. For example, if a complaint involves alleged harassment or discrimination, Title VII of the Civil Rights Act requires an employer to conduct a prompt and impartial investigation into the claim. Finding someone within a company who can take on that role is not always possible, particularly for smaller organizations or when the complaint involves one or more persons within an HR department. Other cases not involving harassment or discrimination claims may also benefit from involving a third party, especially if an employer needs factual findings before taking action and moving forward.
A failure to initiate a proper investigation is a common source of long-term problems for employers. The EEOC announced today, for example, that it was suing a seafood restaurant in Louisiana for refusing to re-hire a female employee who quit after her coworker’s repeated sexual harassment went unaddressed, despite having complained to her supervisor. This company, Minden Seafood, LLC, missed two opportunities to properly investigate, either one of which may have relieved it of its current legal troubles. First, when the female employee complained that she was being subjected to unwanted sexual comments, comments about her body, sexual propositions, and indecent exposure by her male coworker, an investigation that fulfilled Minden’s duty under Title VII might have resulted in a factual finding that could have helped Minden decide the appropriate next step. Instead, Minden did nothing, causing the complainant to resign. Second, when she applied for rehire, Minden had a second opportunity to fully address the situation and investigate not only the alleged harasser’s conduct, but also the failure of her supervisor to investigate or recommend an investigation. Again, Minden failed to investigate and simultaneously refused to rehire the complainant. Now, it is facing a lawsuit by a federal enforcement agency that could take years and will most likely cost more in legal fees and the potential outcome than the cost of an early, third-party investigation.
Source https://www.eeoc.gov/newsroom/eeoc-sues-minden-seafood-sexual-harassment-and-retaliation