Knowing where to go is part of a respectful workplace. State and DHS policies give several routes, and a person can choose the one that feels safest. For respectful workplace concerns, statewide policy lists the employee's supervisor, the agency Human Resources office, a union representative and the Employee Assistance Program as places to start, and it encourages informal resolution where that is safe and appropriate. For harassment or discrimination tied to a protected class, statewide policy lists supervisors and managers, the agency affirmative action officer and the HR office. At DHS, the Equal Opportunity and Access Division handles discrimination, harassment and retaliation complaints. People can also go outside the agency to the Minnesota Department of Human Rights or the U.S. Equal Employment Opportunity Commission, which have their own filing deadlines.
Supervisors have a specific duty. Statewide policy requires managers and supervisors to report allegations of protected-class harassment or discrimination to HR or the affirmative action officer right away, and DHS policy directs supervisors to refer complaints to EOAD. DHS policy is also clear that supervisors do not investigate these complaints themselves. That means a supervisor should not interview witnesses, ask the person to prove what happened, confront the person accused, or try to mediate a protected-class complaint. Well-meant investigating can compromise a fair process, expose private data and put the person who raised the concern at risk. A supervisor's job is to listen, make sure the person is safe, refer promptly and keep the matter to people who need to know.
Retaliation is prohibited. Under state policy and the Minnesota Human Rights Act, no one may be punished for reporting, opposing harassment or discrimination, or taking part in an investigation. Retaliation can be obvious, like a worse assignment, or subtle, like being left out of meetings. Watch for it, and route it the same way.
Finally, be careful with information. Complaint information is sensitive. Share what is needed with the office that will act, keep your own notes factual, and do not discuss the matter with coworkers. If you are unsure which route fits, contact HR or EOAD and ask. Asking is never the wrong step.
