Is Filing a Complaint the Best Answer?

I’ve conducted about 300 workplace investigations in my many years of doing this work. As might be expected, I’ve seen some patterns emerge. One of the most troubling ones I’ve found is when formal complaints of harassment or discrimination are made with virtually no facts to back up a case. Unfortunately, this can have the result of trivializing real and serious issues. Here are a couple of examples of what I’m talking about:

Example 1, Touchy-Feely Harley: several female employees make a sexual harassment complaint against Harley because he’s more ‘touchy-feely’ than they like. He occasionally puts his arm around their shoulders, sometimes stands pretty close when they’re talking, and has a habit of giving people a quick hug when he first sees them in the morning. The women get fed up and, rather than talking to him and telling him they don’t like to be touched and want their personal space respected, they file a sexual harassment complaint against him. This forces Human Resources to conduct (or have an outsider conduct) an investigation. In the end, the investigation shows that what happened did not come anywhere close to rising to the level of behavior that is “severe” or “pervasive” – the standard in the EEOC Guidelines. Harley is mortified – he says he had no idea he was offending anyone, and would have stopped if anyone had said anything to him – but no one did. All someone had to say was, “Harley, please don’t touch me or stand so close. It makes me uncomfortable.” He would have backed off.

Example 2, Sickly Matt: Matt has some legitimate health issues, and is sometimes absent for days because of them. He has made several disability discrimination complaints, each one being submitted after his supervisor asked him to change the way he worked or criticized his work in some way. When he makes a complaint, the supervisor rescinds the instruction or changes the critique while Human Resources investigates. And, each time he has made such a complaint, the investigation has found no discrimination. The cycle keeps repeating itself, because everyone (Matt, his supervisor, Human Resources) keep behaving the same way. A manager needs to talk with Matt and his supervisor. In this conversation they need to clarify Matt’s job, ensure he understands what he is expected to do and that his supervisor has the authority (and responsibility) to assign and direct his work, and help him correct things that are being done wrong. In that conversation Matt should share his point of view, and the supervisor should demonstrate understanding while still being clear about expectations. Though management certainly can’t interfere with Matt’s right to file a complaint, he should be encouraged to first try to work issues out with his supervisor – and be praised and rewarded when he does so. It may be necessary to have this conversation a number of times.

In the end, what’s the real problem here? Shouldn’t employees make harassment or discrimination complaints if they feel they’re being harassed or discriminated against?

The problem here is that more and more, rather than people talking with one another if one has an issue with another’s behavior, or taking another constructive problem-solving approach, they choose the complaint route – which of course immediately escalates any situation. Don’t get me wrong – some complaints of harassment or discrimination are absolutely legitimate. And, once a complaint of harassment or discrimination is made to a supervisor or manager, they have to treat it as a complaint and investigate it accordingly. But by too easily raising the issue to a compliant, often the real complaints are trivialized (like crying wolf) and a lot of damage (that could have been avoided) has been done to workplace relationships.

How can this be changed?
Obviously, you can’t tell employees they can’t file complaints. However, a fair percentage of those situations that I’ve investigated (way over 70%) could likely have been avoided if there had been strong and skilled management, employees with good, assertive communication skills and a workplace culture that rewards those who make serious attempts to work through difficult communication and interpersonal issues. You CAN create a workplace culture where people are taught how to discuss concerns with one another, and encouraged to do so. It takes thoughtful consideration of expectations, and it takes teaching managers, supervisors and employees assertive communication and problem-solving skills. It’s hard – but it’s worth it.

Have you encountered situations where complaints are filed instead of employees engaging in good problem-solving communication to work though the issue? Or have you been in workplaces where problem-solving of this kind was encouraged and rewarded? Either way, we’d like to hear what happened! ~Daphne Schneider

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2 responses to “Is Filing a Complaint the Best Answer?

  1. I filed a harassment complaint against my boss. They took 5 months to finish the investigation which came back ‘unsubstantiated’ even though I gave them 30 pages of events between my boss and I with proof on many of the items. She lied to the investigator and I can prove it I think. HOwever not only did they say they had no real proof of what I claimed but they have put me on Extended leave of absence and I have to find another job now. I haven’t been fired yet but I lost my job and I will not have one unless I find one within the year.

    I don’t want another job. I want my job back but now it seems it’s too late.

    • Workplace Insiders

      Gary,
      Sounds like you’ve had quite a time, and that you feel you were not treated fairly. You might want to chat with an employment lawyer to see if there is a legal issue here that warrants pursuing. Often you can have a short initial conference with an attorney at no cost.
      Best, Daphne

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