Harassment and discrimination claims are serious and employers must respond accordingly. Failure to comply with Federal and State employment laws and compensation requirements can result in the imposition of substantial penalties and possible lawsuits.

In the event of an incident, the claimant should present his/her version of the occurrence in writing. The claimant and all witnesses should be interviewed and presented with written statements to be signed under penalty of perjury. Appropriate discipline could range from a written warning or transfer to leave without pay or termination.

With the repeal of the Employment Equality Act of 1977, the Employment Equality Act of 1998 has greatly extended the grounds for unlawful discrimination beyond gender and marital status to include family status, sexual orientation, religion, age, disability, race, and membership of the traveler community.

Of discrimination complaints referred during 1999 by subject, pay continues to be the most common, constituting over 44%. This was followed by promotion (22%), appointments (13.6%), sexual harassment (10.2%), conditions (5%), victimization (3.4%) and pregnancy (1.7%).

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. Title VII covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the bases of race and color, as well as national origin, sex, and religion. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules.

In Kathleen R. Dent v. Supercuts, in which the plaintiff alleged her former employer unlawfully terminated her for racial reasons, the U.S. District Court for the Western District of New York determined there was insufficient evidence to support the plaintiff's discrimination claims and therefore the claims must be dismissed.

From August 2002 to March 2003, Dent worked as a hairstylist for Supercuts. While employed with Supercuts, Dent was verbally counseled for being late on one occasion in December 2002. She asserted this was discriminatory based on her claim that no other co-workers were counseled when they were late. Judge John T. Elfvin found the evidence supported the employer's claim that the plaintiff was terminated for legitimate and non-discriminatory reasons.

ASPECTS OF A DISCRIMINATION INVESTIGATION

1. JURISDICTION
Once it has been determined that correspondence you have received is a complaint, we must determine which agency is responsible for investigating all or some of the allegations it raises. This means that we must determine which agency has jurisdiction over both the organization that is alleged to have discriminated, and the subject matter of the issues the complaint addresses.

2. COMPLAINT BASIS
The complaint must allege that discrimination is wholly or at least in part responsible for the alleged harm. Other reasons for the harm may also be alleged, but at least some portion of the case must involve discrimination.


3. TIMELINESS
In most instances, Title VI complaints must be filed within 180 calendar days of the last date of the alleged discrimination.

4. RETALIATION
A complainant may bring a retaliation claim under Title VI or under a Title VI regulation that prohibits retaliation. For example, most agency Title VI regulations provide that "[n]o recipient or other person shall intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by [Title VI], or because he has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding or hearing under this subpart.

5. INTERVIEWING COMPLAINANT’S WITNESSES/HEARSAY
Basically, the same principles apply when interviewing a complainant's witnesses as when interviewing witnesses/employees of the recipient. Occasionally, a witness will make statements based not upon what he/she knows, but upon what he/she heard. Such hearsay information is not "evidence," since its credibility depends upon another person or source. However, it may have relevance to the investigation. Therefore, hearsay evidence should not be eliminated, but should be used if appropriate to lead you to sources that will allow you to use the information as evidence.

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