Discrimination Cases: Employer Obligations

Attorney Kevin Costello

Sometimes people will ask me once you’ve made a complaint what do you have a right to expect the employer to do and of course the employer has to investigate the complaints and if it turns out that they are true and the evidence supports you, people will ask well what do I have the right to make my employer do?

The answer is nothing technically, at a very minimum though the employer must stop the harassment or the discrimination if it has the power to do that. But there’s no particular right you have as to how the employer does that. So if the employer decides that it wants to discipline the person and instruct them never to harass you again, if that works then that’s fine.

The fact that you may be unhappy around that person or uncomfortable around that person isn’t as important as whether or not the harassment and discrimination stops. On the other hand if the employer takes that sort of half measure and the harassment or discrimination continues you have a right to ask your employer to take the next step which sometimes and really often times can include termination or transfer of the bad guy.

But it’s important to understand the employer isn’t under any particular obligation to any particular thing except investigate and then stop it if the investigation bears you out.

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Discrimination Cases: Employer Obligations

Attorney Kevin Costello

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