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The Importance of Reporting Vague Complaints Up the Chain of Command

Writer's picture: Joseph DierJoseph Dier


One thing that always makes me fear for the fate of a discrimination complaint filed with a government agency is when I hear that an employee’s internal discrimination complaint was ignored and not investigated by the employer.  Simply looking at the lawsuits against employers recently resolved by the Equal Employment Opportunity Commission (EEOC) shows what can befall an employer that ignores complaints.  Millions of dollars were awarded under scenarios where managers ignored discrimination complaints, sometimes responding in a stereotypically terrible manner (e.g., an employee being sexually harassed should “take it as a compliment,” or black workers being treated unfairly should just “let it go” because the crew leader is “old fashioned”).


Sometimes, however, it is difficult to tell when a complaint is related to discrimination or simply a general workplace grievance.  The solution is to err on the side of caution: anything that even remotely sounds like a discrimination, retaliation, or hostile work environment claim should immediately be reported up the chain of command for investigation and appropriate action.  These claims could include vague allegations such as an employee being given worse job duties than a coworker, a supervisor being mean or overly critical of an employee’s job performance after the employee filed a grievance, or coworkers making inappropriate jokes.  All supervisory employees need to be aware of the mandate to report.  If they don’t, they are subjecting the employer to potential liability.


While lowering the bar for what may constitute a discrimination complaint may seem like a daunting increase in work, it is unlikely to be a heavy lift.  Many of these “vague” complaints can be disposed of—at least in terms of discrimination—based on a cursory conversation with the complaining employee.  For example, an allegation that an employee is being given worse job duties than a coworker may turn out to be a case where the employees are of the same protected classes and the supervisor is simply good friends with the coworker.  While this is not a situation that should be allowed to continue, it is not a discrimination issue.  On the other hand, when an employee reports feeling uncomfortable because coworkers are making sexual jokes-–even if not directed at the employee—this should immediately trigger a thorough investigation into possible sex discrimination or sexual harassment.


Taking five minutes to perform a cursory look into a seemingly innocuous complaint to determine whether a full investigation is needed can save countless headaches down the road.  The EEOC and NYS Division of Human Rights (DHR) always check whether an employer failed to investigate a discrimination complaint, as that could be seen as encouraging, approving, or condoning the alleged discriminatory behavior, which is a swift way to an adverse finding or a time-consuming hearing.


Dier Law is available to investigate discrimination allegations or provide advice on whether a particular complaint is related to a discrimination issue, thus warranting a thorough and detailed inquiry.


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