Friday, April 10, 2009

No Mistreatment of Complaining Employees Should Be Tolerated

If you file an internal complaint at your company alleging that you are the victim of harassment or retaliation, your employer is supposed to inform staff that it will not accept you being subjected to any mistreatment, while your complaint is being investigated.

In addition, any employment decisions that are made, after you file a complaint, should be reviewed by your employer in order to ensure that the decisions are not a disguise for continued punishment. For instance, if you complain about harassment from your supervisor and your supervisor transfers you to an office that is isolated (a long and out-of-the-way commute, etc.), your employer should analyze the transfer and should reverse the supervisor’s decision, if it is determined that you were transferred based on your supervisor’s need for revenge.

The EEOC specifically says: An employer should make clear that it will not tolerate adverse treatment of employees because they report harassment or provide information related to such complaints. An anti-harassment policy and complaint procedure will not be effective without such an assurance. Management should undertake whatever measures are necessary to ensure that retaliation does not occur.

For example, when management investigates a complaint of harassment, the official who interview s the parties and witnesses should remind these individuals about the prohibition against retaliation. Management also should scrutinize employment decisions affecting the complainant and witnesses during and after the investigation to ensure that such decisions are not based on retaliatory motives.

6 Comments:

Anonymous Anonymous said...

Do you realize that by stating "Whites do this" and "Whites do that" you're perpetuating stereotypes and furthering any racial divide that exists? Sure, racism exists, but not nearly to the extent that you claim on this blog. Using racism as an excuse for anything that goes wrong in your life is immature and lazy. You're giving other Blacks a bad name, and actually making it harder for all of us to be on common ground.

Rather than complaining about how they were wronged, people need to take responsibility for their own actions and work hard to further their own career. If everyone around you seems to constantly be against you, maybe they aren't the ones with the problem...

7:17 AM  
Anonymous Anonymous said...

Here is my comment about the original post. At work, I am not black, but hispanic. I was put in charge o training a temporary member to our team. The female (Armenian) refused to sit with the only 2 African American people in the team, I notified my supervisor (also hispanic) of this and also mentioned to her the a couple of days earlier I had over heard the same employee stating "These new F****n N*****s keep getting promoted" after I made that report, the supervisor has singled me out, complaints about employee conduct against me were brought up and my annual review suffered. Again, I am not African American, but hispanic. I reported this issue because its morally and ethically wrong. I was having so much retaliation at work for it that I am now out on stress leave. I wish I could find an attorney to sue my employer for this. However, pretty much from the attorneys I have talked to, I am not African American so its hard. I filed a complaint at work but was told to just let it go and they would talk to the supervisor, however because I complained about her actions towards me (meaning the supervisor), the retaliation on her behalf to me continues. A lot of times management will back up management and let things continue until you are forced to quit. I am still in the search for an attorney. So far... nothing. So there's to the reporting something and doing the right thing. It deters you from trying to make a better world for our kids so they wont have to suffer from this type of behavior and racism.

7:38 PM  
Anonymous Anonymous said...

This is in reference to the 2nd comment, I just want to say that I understand your pain, I am going through the same treatment at work. I am African, happen to have violence perpetrated by a White employee against me, who pulled a knife on me while discussing work related issues. I reported the incident, and hell broke loose, coordinator and union members who thought it was petty,wanted to brush this under the rug, and threatened me. I suffered retaliation extensively from all level of management, pulled from the floor to come to meetings while in the middle of work, send home as punishment, ordered to get psychitric assessment to humiliate me and removing me from current floor where I work during 3rd party investigation, while a perpetrator nothing was done to her. Supervisor made allegations that she was fearful of me that basically I was going to kill her and residents I was looking after, use this as a scare tactic to demage my professional reputation, the list goes on. This is all done because because I refused to be quiet about the knife incident that was commited by a White employee and the employer turned a blind eye to. I am now on stress leave as well.

9:02 PM  
Anonymous Anonymous said...

people go to work everyday trying to get money to survive.

you dont expect to get shouted and mistreated at work, but affortunately there is people that the only thing is gossiping about other workers.

i work for a mayor supermarket about 3 years now and was a supervisor at checkouts i had a dissagreement with one of the ladies in the cash office.

this was months ago, then i was asked to work in the cash office and she did not like it.

she has made my life a misery talking to me like trush she shows me how to do something and if i make a mistake she runs to the managers and security to let them know of every little mistake that i have made.

all 4 workers in the office make mistakes but we do not go and tell managers like this lady.

the last incident i was late to work and she refuse to let me in the cash office, i spoke to one of the managers and he said that she was very ungry and it would be better to work in the shop floor for the day.

now she has complain again about me that i left a paper from the banking behind when there should be enough with the banking slip.

managers refuse to listen to me and now she has manage to get the customer service manager to get rid of me.

i have to see this manager on friday and she says i made too many mistakes and she has someone new to take my place.

and she has to see if there is a vacancie for me in the shop.

how do you think i am at the moment i could go and kill her but what goes around comes around and only god will put her on her place

3:41 AM  
Anonymous Anonymous said...

My mom is white and works in a predominately African American environement. She is in her 60's and works her tail off. She is being mistreated by some lazy nurses that won't do their jobs and mistreat the hospice patients... when she spoke up because of the way they are treating her -they now are harrarassing her and trying to make her resign... I wonder why this even has to be a race issue... come on folks... race issues are in all forms and all around us but lets not forget that this is a different world today. Whites are also subject to reverse discrimination... BOTTOM LINE IS NO ONE should be harrassed based on the color of their skin! So lets stop this now... instead of focusing in one race... lets stop it for all races!

2:44 AM  
Anonymous Anonymous said...

I am a white woman that has worked with all black women for the last 4 years. Prior to this job, I never had problems with interacting with different races and people from different ethnic backgrounds, in actuality I embrace it. I have taught myself how to cook all kinds of dishes and speak foreign languages, but alas this has become ammunition.

Working with all black women has been awful for me. I have been "set-up", lied on, bullied, and asked to compromise my morals.

Daily I walk into bitter conversations and crass comments about our clients. One time I had several clients come forward and they were extremely offended about how my co-workers bashed white women by calling them "white b!tc%e$" when a formal complaint was written. I was told that I forced the clients to make up lies about the other staff! Complete manipulation! I've been called a "Dumb white b!tc%" to my face and had 2 of them get up in my face and back me up against a way threatening me because I saw a black woman abuse a child. When I confronted her she became increasingly aggressive and cursed me out in my face. When I reported this, suddenly over the next few months I started to get written up all the time, while others didn't. The saddest part of this is I work at a "Christian" organization, I eventually got transferred to another department because I witnessed a coworker abuse a child. I was then deemed as what they called a "liability". This angered me. Then conveniently the boss hired a new girl, that she went to church with. So they put me on a 90 "probationary" period, but then had me train my replacement. I never called them out of name, but I heard things like "Redneck, white trash, white b!tc#, stupid Italians, and other racial slurs" at our weekly business meetings. I felt awful and nothing could be done. I see this happen a lot around the city I live in. There are a fair amount of black women in StL that think they can say whatever they want to white women because "That white girl aint gonna do $h!t." It is very disrespectful, yet many walk away to avoid a fight. This is crazy, so racism can happen to anyone.

11:32 PM  

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