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 INVESTIGATIONS
HR
Business Consultants (HRBC)
has one
of the best staff in the U.S. which is qualified to investigate allegations of
discrimination including sexual harassment. Every California company or organization with
5 or more employees has certain responsibilities with respect to the anti-discrimination
laws enforced by the California Department of Fair Employment & Housing (DFEH) or Fair
Employment Practice Agencies in other states. Other states may vary with the number of
employees required for jurisdiction. If the employer has 15 or more employees, regardless
of which state they are located in, jurisdiction falls within the purview of the Federal
Equal Employment Opportunity Commission (EEOC).
An investigation conducted by one of the regulatory agencies can have a
very negative impact on an employer, both in terms of the money expended on the
investigation, the time the regulatory agencies take to complete the case, the disruption
of business services and the morale of the employees during the investigation. HRBC's investigations
meet all of the standards established in the California Supreme Court case of
Coltran v.
Rollins Hudig Hall International, Inc., as well as the standards set forth by the Fair
Employment Practice Agencies and the EEOC. HRBC's sexual harassment investigations
follow the guidance of the Supreme Court decisions in the Faragher and Ellerth cases.
Sexual harassment cases are the most difficult cases to investigate for
most employers. Knowing whether a case is a quid pro quo or a hostile work environment
case often can be difficult to determine. Sexual harassment cases often create problems
for employees that are close to but are not involved in the allegations. Rumors and/or
counter allegations are often devastating for the work unit. Another problem the employer
faces is timeliness. Federal law states that "an employer must take immediate
corrective action." California's Cotran ruling has made it clear that investigations
conducted by outside organizations carry a weight on the courts decision than
investigations conducted internally.
HRBC staff members have the skills, abilities, expertise and
experience to conduct internal investigations and maintain confidentiality for all
parties concerned. HRBC's "get in, get it done, get out"
methodology of investigating cases has brought praise from all the employers we have
worked with. This method helps minimize the adverse impact on the immediate staff as
well as the overall workforce. This method also helps reduce the overall cost of an
investigation while also helping save the company valuable time. HRBC's
on-site investigations usually take less than five days, with the overall completion of
the investigation being done in approximately seven to ten days unless extenuating
circumstances dictate otherwise. It is typical for company initiated internal
investigation to take six months or longer to complete. When an investigation is conducted
by one of the regulatory agencies generally it will take from one to three years for them
to issue a finding on the merits on the case.
If requested HRBC can also help prepare a company's
defense and will assist in representing the company before a regulatory agency if needed.
Contact HRBC today!
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