Employers must ensure that there are at least two employees in order to be included under the discrimination laws
Employers must have at least 20 employees in order to be covered by the Department of Labor's anti-discrimination laws. Employers with more than 20 employees must be covered by the law. These laws prohibit discrimination on the part of employees based upon race, religion, sex, age or national origin. These laws are also covered by 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
The harassment of Department of Labor employees is illegal under federal law and DOL policies. Sexual harassment, racial harassing, and harassment on the basis of national origin, age or disability are all prohibited. The law also prohibits harassment based on sexual orientation or parental status.
The employee must give documentation about harassment to file a harassment claim. Documentation should include dates, times, and other details. This documentation can be valuable during an investigation by an outside agency or internal agency. If harassment continues, recording it can help to establish a pattern. Employees should also take notes on the emotional and physical reactions to harassment. They should also note how harassment has affected their job performance if possible.
Report harassment to a supervisor/another manager
It is important for employees to keep documentation of workplace harassment or discrimination. It does not matter whether the documentation is written in handwritten format or digital, it should be kept away from work. It may help to provide detailed documentation about the incident for either an agency within the company or an agency outside. Keep copies of your employment records. Harassers can alter 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 and verify the claim. This investigation should take into account the credibility of the complainant and the motives of the perpetrator. The employer should also inform the complainant about counseling and other resources. Retaliation against a complaintant is unacceptable and can lead to disciplinary action. Employers should regularly contact employees to verify that harassment complaints are being addressed properly. The employer should tell the employee that although it respects privacy, it cannot guarantee complete confidentiality.
Corrective action must be taken within a reasonable time after a complaint is filed
OSHA regulations require that employers take corrective action within a reasonable timeline after a complain 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 written response to the employee who has filed the complaint. It will detail its findings and propose penalties. The employer must respond within five business days. 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 coordinates the process of resolving complaints. The complaint form is available in Appendix C. Employees must sign the complaint and include all required information under PPSM 70 Section V.B. The employee or representative must either personally or postmark the complaint. You can also send it via fax or email.