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Whistleblower complaints have been on the rise, and the Equal Employment Opportunity Commission receives more charges of retaliation than any other type of claim for the statutes they regulate, including Title VII discrimination. Likewise, OSHA evaluates thousands of complaints each year from employees (and recent former employees) about alleged safety hazards, which can lead to on-site enforcement inspections, as well as complaints about retaliation for engaging in a protected safety act, protected by Sec. 11(c) of the OSH Act.
It is essential for employers to develop, maintain, and evaluate their employee complaint procedures to foster a supportive work environment and address employee issues before they turn into a regulatory issue or the basis for litigation. As part of this complaint policy, employers must also ensure their management representatives understand how to effectively interact with a complaining employee after a grievance has been communicated, including dealing with performance issues in a manner that makes clear any adverse employment action is distinct from the employee’s complaint. Similarly, employers need a thoughtful strategy for responding to OSHA Notices of Alleged Hazard (aka “phone and fax” employee complaint letters) to successfully stave off on-site inspections by OSHA.
Participants in this webinar will learn the following:
- Laws and regulations implicated by employee complaints and complaint procedures, including Title VII harassment claims and retaliation provisions of relevant employment laws and the OSH Act
- What an employee complaint procedure should include, how it should be communicated to employees, and tips for implementation
- Effective investigation of employee complaints, and how to share investigation results without crossing confidentiality
- Strategies to ensure supervisors effectively manage employees who have lodged complaints without creating retaliation or regulations liabilities
- What to include in response to OSHA notices of Alleged Hazard to dissuade OSHA from initiating an on-site enforcement inspection
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