What Should an Employee Do in a H.R. Interview of a Discrimination Complaint

[onedah]

My question involves labor and employment law for the state of: Texas

Hi, I have made a complaint against my boss on the grounds of Race and retaliation. I have documented all incidents and sent the formal complaint to my HR department. I have since been told that I will be interviewed later this week and that they will also be using an outside 3rd party to support the investigation (this was based on me asking who will investigate and that I expect them to have no conflict of interest).

My documented complaint is ~ 20 pages with supporting emails etc - I wanted to advice on:

1. how should I prepare and handle the interview
2. any thoughts on what I could expect
3. is it OK to take all my documents in with me and use them to refer to when answering questions or should I try and recall everything instead

Any help or information would be much appropriated.

Thanks
Onedah

[cbg]

FYI, it is quite common for an HR department to use an outside investigator for such investigations - I doubt it's solely because of your asking.

I don't see any reason why you shouldn't take your documents in with you. Different people handle investigations differently so I don't quite know what to tell you in terms of expectations, except that you should expect that it will be very detailed. You will probably feel at some points as if you are not being believed and that the interview is biased in favor of the boss. Rest assured that when your boss is interviewed, he will feel the same way - that the interview is biased in favor of you. Stick to the truth, be as detailed as possible, try not to badmouth your boss or the company; just answer the questions as neutrally as you can. I don't expect miracles - of course you're upset and it will show. But try to keep any negativity to a minimum.

Other posters may have some other thoughts.

[ESteele]

If you want to protect your interests here more fully, then you should contact promptly the EEOC or a FEPA to explore filing a charge of discrimination.

With respect to the internal investigation, you should prepare a copy of any document you want to share with HR. (You should maintain a complete set of your documents at home.) There is little or no downside to answering the investigator’s queries candidly and to the best of your ability. With that said, the investigation is not a quiz or a test. You do not have to memorize every detail. You probably already have all of the salient facts committed to memory.

[onedah]

Thanks for the feedback.

I was advised against filing a complaint with the EEOC as I have not been fired yet and in addition the company is doing a internal investigation, if the organization decide to fire me after the investigation i was informed that would be the time to file a complaint.

I have only been in the US a few years so I'm trying to learn what I can (employment law) while I unfortunately go through this experience. Sorry if my questions are very trival.

Onedah

[ESteele]

Your questions and concerns are not trivial! Employment discrimination remains blight upon the American workplace. (For example, the EEOC recently reported, “Private Sector Bias Charges Hit All-Time High,” with nearly a record of 100,000 charges filed in FY 2011.)

With all due respect to whoever advised you, OP, not to file an external complaint, such advice appears flawed. First, IMHO, most companies and organizations generally treat external complaints filed with the EEOC and/or with other agencies with a higher level of urgency than internal complaints. Second, the filing of an external complaint minimizes the prospect of your employer retaliating against you for raising the underlying discrimination complaint. Third, the limitation period for filing a charge of discrimination – the precursor to possibly filing a judicial claim under Title VII of the Civil Rights Act of 1964, as amended – is either 180 or 300 days from the alleged discriminatory act. This is a relatively very short period of time. The time for filing a charge could very well elapse while the employer undertakes a good faith, thorough internal investigation.

Depending on the seriousness of the circumstances surrounding the underlying alleged discrimination, you need to make a decision whether you should file an external complaint or not. If it would not significantly bother you if your employer rejects and otherwise fails to act on your internal complaint following its investigation, then you probably should not file an external complaint because this matter does not seem that important to you personally and/or professionally. On the other hand, if this underlying matter is indeed important to you personally or professionally, then you should cover your bases and, at a minimum, contact a representative of the EEOC or the FEPA to explore whether you should file an external charge of discrimination.

[onedah]

This is very helpful. I am trying to get through to the EEOC. My HR has set up a interview with me for tomorrow with their legal counsel being part of the process. Makes me feel very nervous but I will overcome that part. Would it be wise to have someone represent me (my legal counsel) attend a meeting (I don't have one currently).

[ESteele]

Unless you have an individual employment contract, you work under a civil service protection system and/or you work pursuant to a collective bargaining agreement, you do not have the right to bring your own counsel to such an interview. Nonetheless, you should proceed with the interview.

IMHO, the most salient issue you can address tomorrow concerns the proof to support you contentions. Are there objective facts supporting your discrimination and/or retaliation contentions? If there are such facts, I would recommend you emphasize their existence during your interview.

[onedah]

Quick update: I have my interview all in all it went OK. I was asked very specific question over a 2.5 hour meeting relating to only a portion of my complaint. They focused on the legal items and did not drill down into the other areas of my complaint. I was informed they would follow up with further interviews including my boss and then will follow up with the CEO with either a formal or informal report.

It's been 2 weeks and I believe they have not interviewed any one else that I mentioned during the interview.

Kind of strange as HR informed me that they had informed my boss that I had complained and then they corrected themselves by saying they did not inform my boss. My Boss has been behaving strangely with me and been very polite to all my team and going out to lunch with them.

It appears to be a waiting game for now, I have no idea were I stand Good news is they said they were investigating.

[onedah]

I quick update:

Since my first interview I was called in again for a further 30 min meeting were the my employers legal counsel spent the time to let me know I did not really have a case for discrimination and it was more about management style. They asked a few more questions and meeting over.

1 week later they called a meeting to provide findings of the investigation. I was informed of the same points from meeting 2 (above) and was informed that based on asking witnesses who would be more successful, my boss or me and that majority of witnesses said if my boss would leave so would they, my employers legal counsel informed me I was terminated. They offered a severance package and soon as I had a chance to speak I informed them that I had submitted a complaint to the Texas Workforce Comm and EEOC. At that point the lawyer said he could not speak to me any more.

The kicker was I was informed the day before that they were planing on doing this to me by someone else in the business.

My question is: If my legal counsel submitted a claim to Texas Workforce comm and EEOC 2 day's before and sent a letter to my employer, can this still be classed as retaliation against protected behavior or did I submitted my claim to late?

Thanks for your feedback
Onedah

[cbg]

If the first that they knew you had complained to the TWC and the EEOC was after they'd already termed you, then obviously terming you cannot be in retaliation for the complaints. That's just common sense.