Jeffrey Kopp on Workplace Discrimination Claims – 'Promptly investigate and take remedial action'

Foley & Lardner LLP partner Jeffrey Kopp discussed potential blind spots for employers when addressing discrimination claims in the Corporate Counsel article, “EEOC Suit Against United Highlights Need for Speed in Probing Discrimination Claims.”

Kopp noted that sometimes managers or union stewards fail to escalate received complaints through the appropriate channels. “They either don’t escalate it because they discount the complaint, or maybe the person is afraid to escalate further,” he said, adding that occasionally lower level managers will not give the complaint the credence it deserves.

“It’s critical that an employer who becomes aware of a complaint promptly investigate and take remedial action,” Kopp emphasized, particularly as prompt investigation of discrimination complaints plays a critical role in developing an employer’s Faragher-Ellerth affirmative defense.

Kopp explained that it is important for employers to have a solid anti-harassment policy in place, with multiple and demarcated reporting avenues and adequate manager training.

“Often, the weakest link is the new manager who doesn’t have training,” he added.

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