Employers must have a minimum of five employees to be eligible for the discrimination law.
In order to be covered under the discrimination laws of the Department of Labor, employers must have a certain number of employees. Generally, if an employer has 20 or more employees, they must be covered under this law. These laws prohibit discrimination in the workplace based on race and religion. These laws are also covered by state laws.
In addition, the law also prohibits retaliation against victims of domestic violence, sexual assault, stalking, physical injury, or other types of discrimination. Employers are forbidden from retaliating towards victims of these types discrimination under federal law. Victims must be given reasonable advance notice.
Inappropriate conduct should be considered unacceptable and not welcome
According to federal law and DOL policy harassment of employees at Department of Labor workers is prohibited. Sexual harassment, harassment of any race, and harassment that is based on national origin or age, disability, genetic information, are all prohibited. The law also prohibits harassment that is based on parental status or sexual orientation.
The employee must give documentation about harassment to file a harassment claim. Documentation should include dates, times, and other details. These documents may prove useful in the course of an investigation by an agency outside or within the company. It is also possible to record harassment and establish a pattern if the behavior continues. Additionally, the employee should make note of the employees' emotional or physical reactions to the harassment. The harassment should be documented if it is possible.
Harassment to supervisors or other managers
Employees must keep records of harassment or discrimination in the workplace. Employees should ensure that documentation of workplace harassment or discrimination is kept separate from work, regardless of whether it is digital or handwritten. Detailed documentation of the incident may help in an investigation by an internal agency or an outside agency. Keep copies of your employment records. Harassers might try to change records to discredit victims. Once you have sufficient evidence, you will be able to file an investigation with your supervisor or other manager.
The employer must investigate the claim and determine if it is true. The investigation should consider both the credibility and motives of the victim. The employer should inform the complaining party about counseling and other resources. Retaliation against the complainant will not be tolerated and may result in disciplinary actions. Employers should regularly contact employees to verify that harassment complaints are being addressed properly. The employer should explain that they respect the privacy of the complainant but can't guarantee absolute confidentiality.
A complaint must be filed within a reasonable period.
OSHA regulations require that employers take corrective action within a reasonable timeline after a complain has been filed. On-site inspections, phone/fax investigations or any other method can all be used to achieve this. OSHA will also mail a letter to the employee that filed the complaint detailing its findings, and proposing penalties. Within five days, the employer must reply identifying all problems and indicating any corrective actions taken. In most cases, the agency will not conduct a physical inspection. An employee can request an inspection at the agency.
The Employee and Labor Relations department is responsible for coordinating the resolution of complaints. The department provides a complaint form, found in Appendix C. The written complaint must be signed by the employee and must include all information required by PPSM 70, Section V.B. The employee or representative must either personally or postmark the complaint. It can also go by fax, e-mail or post.