How To Handle Workplace Discrimination
Employers asking how to handle workplace discrimination usually plan the investigation and not the communication, which is what most processes come unstuck on.
You cannot promise confidentiality. The person complained about has to know the substance of the allegation to respond to it, and procedural fairness requires that. Promising otherwise and then breaking it destroys trust at the worst moment.
What you can promise is that information will go only to those who need it, that you will say who those people are, and that you will tell the complainant before anything is put to the other party.
Witnesses need a clear statement that participating is protected and victimisation is separately unlawful. And both parties need to be told the outcome, in a form they can understand, or the process feels arbitrary however well it was run.
The Australian Human Rights Commission covers employer duties. This is general information rather than legal advice, and obligations vary by state and territory.
See Sentrient’s workplace compliance system and workplace policy templates.
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