Does My Employer Have to Investigate My Complaints During Covid-19?

by | Mar 1, 2021 | Discrimination, General Issues, Harassment & Assault, LGBTQ+, Retaliation, Wage & Hour

The shutdown of business due to Covid-19 put many duties owed by California employers to their employees on hold. However, as phases of reopening begin and businesses start the process of reopening, an almost certain wave of discrimination, harassment, and retaliation complaints will follow by employees adversely affected in the chaos of the current coronavirus crisis. The delays and shutdowns may leave employees who were victimized worried whether their employer will fully investigate their complaints and required to do prior to the pandemic.

Employer Duties in California

Notwithstanding the health emergency created by Covid-19, employers still remain obligated to conduct impartial, prompt, and thorough investigations regarding any and all employee complaints. Though there is an element of flexibility granted to employers regarding how to conduct these investigations because of the current circumstances, the flexibility must be balanced by their responsibility to both thoroughly and promptly investigate.

Alternative Methods of Investigation

In an attempt to remain flexible while still upholding their responsibilities, employees filing complaints may see their employers using methods to conduct investigation not normally employed before the pandemic struck. These may, wherever possible, include:

  • Remote meeting with employees through video conferencing
  • Telephone interviews if video conferencing is not possible

However, it is imperative for employers to make use of creative efforts whenever able to satisfy what the law requires of them.

Speak to a California Employment Lawyer Today

Adapting to the Covid-19 crisis required employers and employees alike to learn new, different ways to conduct business and keep the economy going while still being safe. Though business as usual has not returned, employers are still required to uphold their legal requirements and discharge their duties to employees who find themselves victims of discrimination. If you have been discriminated against at work during or as a result of Covid-19, contact the skilled employment attorneys at Rothschild & Alwill, APC without delay to make sure your rights are protected. Schedule a free consultation to learn about your options, discuss your situation, and get help now.