Let’s walk through a somewhat common scenario in the world of HR. An employee walks into your office and says, “I have something I need to tell you, but I don’t want you to do anything about it. Remember Bruce who used to sit next to me? Well, before he transferred upstairs, Bruce would make comments about my outfits, and it made me feel uncomfortable. I don’t want Bruce to get in trouble, especially now that he has transferred, but I just thought it was important for you to know. Will you promise me that you won’t investigate or take any action against Bruce?”
So, what do you do? Do you comply with your employee’s request and do nothing? Or do you launch an investigation?
Hopefully, the answer is easy. Notwithstanding the employee’s request, as an employer, you have an obligation to investigate and act once you receive information about potential harassment or discrimination. This obligation takes precedence over your employee’s request that you do nothing. For all you know, other employees could also be on the receiving end of inappropriate comments from Bruce. Despite the employee’s reluctance, you are now on notice.
Hopefully, this answer does not come as a surprise, and you understand that sometimes your obligations as an employer supersede (and may even conflict with) the desires of your employees. Similarly, your employees may simply not understand your legal obligations, and you may be required to take actions that they don’t agree with. In order to be a good...
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