Employers must employ a minimum amount of employees to be considered for discrimination legislation
Employers must have a specified number of employees to be covered under the Department of Labor's discrimination laws. Employers that have 20 or more employees are generally covered by this law. These laws prohibit discrimination against employees on the basis of race, religion, national origin, gender, age, or sexual orientation. They also require equal pay for equal work. Many state laws protect employees as well.
Additionally, the law prohibits employers from retaliating towards victims of domestic violence and sexual assault, stalking or physical injury. Under federal law, employers are prohibited from retaliating against victims of these types of discrimination, and they must provide reasonable advance notice to the victims.
Inappropriate conduct must be unwelcome or unwelcome
According to federal law and DOL policy harassment of employees at Department of Labor workers is prohibited. Sexual harassment, racial harassment, and harassment based on national origin, pregnancy, age, disability, or genetic information are prohibited. The law also prohibits harassment that is based on parental status or sexual orientation.
An employee must submit documentation detailing the harassment. This includes dates, times and details. This documentation is useful for an investigation by a third party or internal agency. A pattern of harassment can be established by recording the incident, especially if it continues. Additionally, the employee should make note of the employees' emotional or physical reactions to the harassment. They should also be able to document how harassment has adversely affected their job performance, if possible.
Harassment reported to a supervisor, or another manager
Employees must keep records of harassment or discrimination in the workplace. Whether it is in handwritten or digital form, it should be kept in a safe place away from work. Documentation of the incident is helpful for an outside agency or internal agency to investigate. It is important to keep copies and originals of all employment records. Harassers will attempt to alter records to discredit victims. Once you have gathered enough evidence, you can file a report with the supervisor or another manager.
The employer must investigate the claim in order to verify its truth. This investigation should take into account the credibility of the complainant and the motives of the perpetrator. The employer should also inform the victim about counseling and other resources. Retaliation against a complaintant is unacceptable and can lead to disciplinary action. To ensure harassment complaints are being dealt with properly, the employer should contact employees on a regular basis. The employer should explain to the employee that it respects their privacy but cannot guarantee confidentiality.
Corrective action must be taken within a reasonable time after a complaint is filed
OSHA's rules stipulate that employers must take corrective measures within a reasonable amount of time after a complaint has received. On-site inspections, phone/fax investigations or any other method can all be used to achieve this. OSHA will also issue a letter explaining its findings and proposing possible penalties to the employee. The employer must respond within five days, identifying any problems and noting any corrective action taken. Most cases will not require a physical inspection by the agency. An employee can request an inspection at the agency.
The Employee and Labor Relations department will coordinate the complaint resolution process. 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 written complaint must be postmarked or personally delivered by the employee or representative. It can also sent by fax or electronic mail.