20th Anniversary SAC Attorneys
Elite Lawyers
Lawyers of Distinction
Avvo Rating 10.0
Santa Clara County Bar Association
Association of American Trial Lawyers
Elite Lawyers Business James Cai 2017
Best Litigation Attorneys in San Jose
Expertise - Best Employment Lawyers in Santa Clara 2021
Expertise - Best Employment Lawyers in Santa Clara 2022

Common Mistakes to Avoid While Handling Workplace Discrimination

The HR department is responsible for maintaining a safe environment for employees. When disputes and concerns arise, the HR department must deal with the situation appropriately while at the same time upholding peace in the workplace.

One of the most common conflicts HR departments deal with is workplace discrimination. In the state of California, the Fair Employment and Housing Act bars employers from discriminating against employees based on their protected categories. Dealing with workplace discrimination complaints can be extremely challenging. HR departments are prone to making mistakes when dealing with workplace discrimination. It is crucial that when faced with handling workplace discrimination, you take the right steps and avoid making certain mistakes. This article discusses some common mistakes to avoid while handling workplace discrimination.

Mistake #1: Overly Complicated Systems

Employees are required to follow the proper channel when making complaints of workplace discrimination. However, some reporting systems make the process more difficult for employees. You should avoid requiring employees to take over complicated steps when filing a complaint for workplace discrimination. You should avoid using systems that make reporting workplace discrimination more difficult. The reporting system should be user-friendly.

Mistake #2: Not Taking Action Immediately

After an employee reports workplace discrimination, HR must respond immediately. If an employee feels like the HR department is not listening to them, they may assume their employer does not care about their safety and well-being. If an employee feels like HR does not value their safety and well-being, they may decide to involve external forces, like law enforcement. Regardless of how far-fetched a discrimination claim may seem, it is crucial that you take it seriously and take action immediately. As soon as you receive a workplace discrimination complaint, be sure to conduct an investigation.

Mistake #3: Failing to Be Thorough

Failing to conduct a thorough investigation can have the same negative consequences as failing to investigate at all. After an employee makes a workplace discrimination complaint, ensure you interview key witnesses and review important documents. If an employee can show you did not conduct a thorough investigation, you could end up in a bad situation. 

Mistake #4: Hesitating to Implement Policies

If you hesitate to implement anti-discrimination policies, you are sending the message that you are not actively addressing discrimination complaints. For example, ensure managers are not discouraging employees from filing discrimination complaints. Not only can undiscovered workplace discrimination seriously damage an employee’s psyche and threaten their psychological safety, but it can also harm the company as a whole.

Mistake #5: Losing Objectivity

You probably have opinions about most employees. It is human nature to have opinions about people. However, when handling workplace discrimination, it is crucial that you put aside these opinions and look objectively at the evidence when conducting an investigation. If you allow your opinions to be in control, the results of your investigation may be called into question. If you feel you cannot put your opinions aside and be objective, seek help from an attorney.

Contact a Skilled Employment Attorney in San Francisco

If you are dealing with workplace discrimination complaints and need legal guidance, contact an experienced employment attorney in San Francisco at SAC Attorneys LLP.

Client Reviews
Mr. Cai Is a Diligent Attorney. My sister and I were defendants in a civil litigation case. We hired James Cai and his law firm, SAC Attorneys LLP. Mr. Cai is a diligent attorney and responded to our questions in a timely fashion. He and his staff were very helpful in keeping us informed of the proceedings of the case and in explaining each step. Mr. Cai is also very conscientious of fees and costs, and avoided unnecessary charges. The results of the Summary Adjudication sided with us. The Court Trial resulted in the “Final Statement of Decision” and “Judgment after Court Trial” overwhelmingly siding with us. Cynthia F.
I Am Truly Impressed. After spending a significant amount of time, money and efforts with my previous counsel at a larger law firm without getting meaningful results, I transferred my employment matter to SAC Attorneys LLP. The attorneys there were able to understand the complex situations of my case and put together an aggressive litigation strategy. We were able to file a compelling complaint within a week and forced the opposing party, which was represented by one of the largest law firms in California, to make a substantial settlement offer shortly thereafter. I am truly impressed by the no nonsense and results oriented approach by SAC Attorneys LLP attorneys. A job well done! X. Gao
They Took Time to Understand Our Technology. I am the founder of a bioinformatics start-up in the Silicon Valley and chose SAC Attorneys LLP as our corporate counsels. Their attorneys have great experience with high tech start-ups and were able to offer a highly competitive service plan while not sacrificing a bit of their quality of services. They took time to understand our technology and provided value added services by introducing investors and job candidates to us. We regard our attorneys at SAC Attorneys LLP not only as our legal advisors but also our venture partners. Dr. Pete S.