What are the steps an employer in Illinois should take if an employee files a discrimination complaint against the company?
If an employee in Illinois files a discrimination complaint against the company, the employer should take the following steps:
- Investigate the Complaint: The employer should investigate the complaint and take immediate action to prevent any further discrimination or harassment. The investigation should be thorough, impartial, and document-based.
- Inform the Employee: The employer should inform the employee who filed the complaint about the steps being taken to investigate and address the issue.
- Take Appropriate Action: Based on the findings of the investigation, the employer should take appropriate action, such as disciplining or terminating the offending employee, revising policies, and providing training to prevent future occurrences. The appropriate action should also address any harm the employee may have suffered.
- Preserve Records: The employer should document the investigation and outcomes of such investigation in writing, including the steps taken to address the discrimination or harassment. The employer should preserve these records for future reference in case any future complaints arise.
- Compliance with Illinois and Federal Law: The employer should ensure that its actions and policies are in compliance with federal and state anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act, and Age Discrimination in Employment Act, and the Illinois Human Rights Act, Illinois Equal Pay Act, and Illinois Domestic Violence Act.
It's important to note that if the complaint is against a high-level employee, such as the CEO, the employer should consider an outside investigator to ensure impartiality. Additionally, the employer should resist retaliation against the employee for filing the complaint.
In conclusion, the employer should take all discrimination complaints seriously, investigate them thoroughly, and take appropriate action to resolve the issue to ensure a safe and fair working environment for all employees.