Five Hallmarks of a Well-Drafted Company Harassment Complaint Form

San Diego businesses that have employees are prohibited from engaging in sexual harassment and other types of discrimination. Moreover, businesses are required to prevent agents, employees, volunteers, and others from engaging in such behavior. Part of the activity that must be undertaken as prevention include policies and procedures for receiving complaints of harassment and mechanisms for investigation and resolution. This article discusses some legal and practical issues with respect to how to draft complaint forms using draft model forms recently published by the State of New York. A good San Diego corporate lawyer can help your business draft complaint forms, procedures, investigatory mechanisms, and corrective actions.

San Diego Corporate Law: Features of Good Complaint Forms

As noted, the State of New York recently published a model complaint form for reporting claims of sexual harassment. See here. New York’s model form represents an excellent example that presents the five hallmarks of a well-drafted and well-considered employee complaint form.

Simplicity

The primary object of any employee complaint form is to provide the employee with an opportunity to provide information to his or her supervisors and to have that information conveyed in a manner that can be understood. The best way to accomplish this is with simple forms asking for information in an easy-to-provide manner/format. Furthermore, any and all disincentives to providing information should be removed. Simplicity effectuates this goal. There is nothing like a long complex form with 100 questions to deter reporting. As can be seen, the NY Model form accomplishes the goal of simplicity. It is two pages, limited to a few questions, many of which are optional on the second page.

Welcoming and Non-Threatening

Simplicity also fosters the twin goal of providing a welcoming and a non-threatening form. Again, asking 100 detailed questions can limit timely and accurate reporting since there is human tendency to put off difficult tasks. Font, design, and bolding choices also can make a complaint form more visually inviting. Again, the NY Model form accomplishes those goals.

Basic Information and Signatures

Aside from encouraging completion, any form must be legally sufficient by providing enough information for an employer to determine if an investigation is warranted and must provide some sort of signature or affirmation by the complaining employee. Otherwise, the workplace is a chaotic place full of anonymous accusations. Again, the NY Model form accomplishes these goals.

Historical Information

Efficiency is another hallmark and objective of corporate forms. In general, having one form which is constantly and consistently used allows supervisors and upper management to be efficient with their time. Moreover, the form itself can help with efficiency by asking for historical information. This quickly provides two guide-points for management – find the earlier reports and this complaint might need more focused attention because a pattern may have formed or is forming.

Optional Information

Finally, research has shown that being able to express one’s concerns is often very important to a victim of harassment. Not every person wants to recite the full story on the complaint form, but having the opportunity is sometimes important. Thus, the NY Model form quite correctly provides space for optional information. This is also efficient for management since, hopefully, the optionally provided information is helpful as the investigation commences and progresses.

Contact San Diego Corporate Law

If you would like more information and/or for legal advice related to worker rules, complaint forms, employee handbooks, and related to drafting and/or reviewing your company’s policies and procedures, contact attorney Michael Leonard, Esq., of San Diego Corporate Law. Mr. Leonard can be reached at (858) 483-9200 or via email. Mr. Leonard has been honored as “Best of the Bar” by the San Diego Business Journal for the last four years.

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