Condon McGlothlen Quoted in Human Resource Magazine
“Defusing Discrimination Claims: Careful Handling of Bias Complaints Can Keep Your Organization Out of Courts”

Condon McGlothlen was quoted in the May 1, 2009 Human Resource Magazine article, “Defusing Discrimination Claims: Careful Handling of Bias Complaints Can Keep Your Organization Out of Courts.” The article discussed various ways a company can protect itself throughout the investigation process of an employee discrimination complaint. Condon recommended a number of strategies that employers should follow, including: “Manage the person by the book. Complainants should not become immune from being treated like everyone else. Don't manage them with such kid gloves that you send a message that filing charges is a ticket to job security. Document performance problems, but don't go overboard. Keep a diary on an employee with a pending charge, but don't put the person under a microscope that would be different from how you treat other employees.”

The article also discussed why employers should gather facts quickly. He notes that as time drifts on, people leave the company and documents could get lost. Many companies err in not making a full investigation of the facts as soon as possible. Condon suggested, “You need to scrub the case on the front end. Begin by reviewing your process generally. Ask: 'do we have a system in place? If so, did we apply our procedures equitably to the complainant?’”

According to the article, the Equal Employment Opportunity Commission (EEOC) encourages mediation in cases other than ones it designates as high priority. It invites the employer to participate either when it sends the charge letter or soon after. Condon explained that “Mediation is an incentive to my clients; if they can settle, it will save them money. Employers should mediate only if they are open to settling. I won't go through sham mediations just to gain the discovery. A company that mediates should be prepared to settle the case.”

The article also noted that employers should respond fully to the EEOC and that the EEOC regulations require an answer to a charge letter within 60 days and expect you to provide supporting documentation. Condon commented, “It's better to give them what they'll want up front so they know you're cooperating. Stonewalling can be perilous, encouraging on-site visits, and court orders demanding the production of documents.”