BulletProofBlog the blog on crisis communications

Thanks to a recent U.S. Supreme Court ruling, employee communications just became a bit trickier - particularly when they spill over into investigations of employer harassment.

The facts of the case in question - Crawford v. Metropolitan Government of Nashville - are these: A woman was questioned about sexual harassment allegations against a school district executive. The woman did not file the allegations but was interviewed as a witness. She reported inappropriate behavior towards a number of women - including herself. The executive was not disciplined, however, and the woman and two others were fired.

The woman then filed charges with the Equal Employment Opportunity Commission and in federal court, arguing that she was protected against management retaliation under Title VII of the Civil Rights Act of 1964 (which prohibits retaliation against persons reporting unlawful employment practices, such as sexual harassment). The lower courts ruled that since the woman was not the original accuser, she was not protected by Title VII, but the Supreme Court unanimously reversed that decision.

Management lawyers are now concerned this decision will open the door for more worker retaliation claims. But employers should be wary of allowing fears of increased claims to limit communications with employees during internal inquiries.

Effective employee communications during an internal investigation call for openness and transparency between employers and their workers. Workers need to know they are getting the full story from their employers and that they will do whatever is necessary to protect employees in the workplace. This means investigating allegations of discrimination or harassment fully and thoroughly by interviewing as many witnesses as possible - and ensuring that those witnesses know they will not be subject to retaliation as long as they are truthful.

If management chooses a different, more totalitarian approach, then it risks transforming a single complaint into an issue that could very well lead to an "us vs. them" mentality taking hold. Remember: your human resources are the most valuable assets you' ve got - so never let them think that management' s commitment to providing a safe and comfortable work environment is anything but its top priority.