You finally decided to take the long overdue disciplinary
action. Jack has got to be disciplined. But just before you do,
Jack, possibly sensing what's about to happen, makes a
complaint of harassment. This is the first you've heard of this
problem. Is the complaint legitimate? What do you do? Continue with
the planned disciplinary action? Put your decision on hold while
you investigate? Will it look like retaliation if you proceed with
the discipline?
On the one hand, employers have the right to take disciplinary
action. On the other hand, employees have the right to make
good-faith complaints about what they believe is unlawful conduct
without fear of reprisal. In situations such as the one described
above, the issue will be which came first – the decision to
take disciplinary action or the complaint of harassment.
