To be protected by discrimination laws, employers must have at least one employee
In order to be covered under the discrimination laws of the Department of Labor, employers must have a certain number of employees. Employers that have 20 or more employees are generally covered by this law. These laws prohibit discrimination in the workplace based on race and religion. This law is also protected by many state laws.
Additionally, the law prohibits employers from retaliating towards victims of domestic violence and sexual assault, stalking or physical injury. Employers are forbidden from retaliating towards victims of these types discrimination under federal law. Victims must be given reasonable advance notice.
Inappropriate behavior must be unwelcomed or not welcomed
Federal law and DOL policy make harassment of Department of Labor employees illegal. Sexual harassment, racial harassment, and harassment based on national origin, pregnancy, age, disability, or genetic information are prohibited. Harassment based on sexual orientation and parental status is also prohibited by the law.
To file a harassment complaint, the employee must provide documentation of the harassment, including dates, times, and details about the harassment. This documentation can be valuable during an investigation by an outside agency or internal agency. Recording the harassment can also help establish a pattern of the behavior, particularly if it continues. Also, employees should take note of the employee's emotional and physical responses to harassment. They should also note how harassment has affected their job performance if possible.
Harassment reported to a supervisor, or another manager
It is important for employees to keep documentation of workplace harassment or discrimination. It doesn't matter if it is handwritten or in digital format, it should always be kept safe away from work. Documentation of the incident is helpful for an outside agency or internal agency to investigate. It is also important that you keep copies or employment records. Harassers might try to change records to discredit victims. Once you have sufficient evidence, you will be able to file an investigation with your supervisor or other manager.
The employer must investigate the claim in order to verify its truth. This investigation should assess the credibility of both the victim and the motives behind the attack. The employer should also inform the complainant about counseling and other resources. Retaliation against the complainant will not be tolerated and may result in disciplinary actions. Employers should regularly contact employees to verify that harassment complaints are being addressed properly. The employer should explain that it respects the privacy of the complainant but cannot guarantee complete confidentiality.
Corrective action must be taken within a reasonable time after a complaint is filed
Under OSHA's rules, employers must take corrective action within a reasonable time after a complaint has been filed. On-site inspections, phone/fax investigations or any other method can all be used to achieve this. OSHA will also send a letter to the employee who filed the complaint, detailing its findings and proposed penalties. Within five days, the employer must reply identifying all problems and indicating any corrective actions taken. The agency will usually not conduct a physical examination. However, the employee who filed the complaint can request an on-site inspection.
The Employee and Labor Relations department will handle the complaints resolution process. The employee must complete the Appendix C complaint form. The employee, representative or postal agent must deliver the complaint in writing. It can also be sent via fax or e-mail.