How to Conduct a Gender Discrimination Investigation

Accusations of gender discrimination in the workplace should be taken seriously and investigated using an equitable process. Federal law prohibits gender discrimination in the work place as it relates to compensation, hiring and firing and promotion decisions. Pregnancy is also considered part of gender discrimination, especially in regards to employment status changes during a pregnancy, during any leave after a birth and upon the subsequent return to work. As allegations of gender discrimination can cause legal, employee relation and public relation problems, it is best to consult a labor law lawyer for any serious gender discrimination allegations.

Instructions

1. Develop a written plan for the gender discrimination investigation. This plan should include a review of existing federal and state legislation regarding gender discrimination. If possible, consult a lawyer familiar with labor law to help draft the plan to make sure it covers all necessary steps and procedures. The finding of the investigation may be needed if a lawsuit is filed, so it is best to have a thorough plan.

2. Request a written complaint from those alleging gender discrimination. The documents should demonstrate how the discrimination occurred, what steps they took to call attention to the problem and any consequences of the discrimination. After you received the written complaint, interview anyone alleging gender discrimination. Be as neutral as possible to obtain an unbiased understanding of the situation. If possible, ask to record the conversation for evidence and to verify information.

3. Interview anyone named in the gender discrimination complaint. Also, talk to anyone with chain of authority command such as the workers' bosses and supervisors. Co-workers can be interviewed if confidentiality is not required and if needed to uncover all relevant information.

4. Gather analytical data. This data should include salary and wage comparisons, hiring and firing comparisons, benefit comparisons and promotion comparisons. These analytics should compare all data points based on gender and other critical information such as performance reviews and tenure that are used to make employment decisions.

5. Write a report documenting all findings, legal implications and recommendations. Discuss these findings with the appropriate executives including the head of Human Resources, the Chief Financial Officer, and the Chief Executive Officer if appropriate. Based on executive review, legal assistance may be required to resolve the gender discrimination case.

6. Preserve all evidence and documents in a confidential file. This would be for use in any lawsuit proceedings or further action by the complainants. Based on the outcome of the investigation, review existing policy and procedure manuals and make adjustments as needed to prevent future occurrences of gender discrimination.

Tips & Warnings

• Review company files for other allegations of gender discrimination to help determine the frequency of complaints.

• Conduct the investigation as confidentially and quietly as possible to reduce impact to business activities.

References

• EEOC Gender Discrimination Information