by Brooke Lum
The purpose of a human resources team is to present itself as a neutral party to solve workplace problems and provide helpful resources to the workplace team. In harassment cases, the role of HR can feel unclear due to the question of HR’s priority being to protect its employees or the company it is governed by. This article will unpack human resources purposes in a workplace, and explain the ways in which employees can utilize HR to promote a healthier and more productive workplace.
Understanding HR’s Purpose
HR’s primary responsibilities include hiring new employees, enforcing company policies, promoting a positive workplace culture, and managing legal risk. At its core, HR exists to serve as the bridge between employees and the organization, ensuring compliance with labor laws while also supporting day-to-day operations and employee needs.
There is some confusion when it comes to balancing employee well-being with protecting the company and diminishing liabilities. On one hand, employees may view HR as a resource for support, protection, and advocacy. On the other hand, HR is ultimately employed by the company and must prioritize minimizing legal exposure, safeguarding the organization’s reputation, and preserving its bottom line. This duality can result in confusion and even mistrust.
Understanding HR’s duality is critical for employees to navigate HR interactions with realistic expectations and for employers to build transparency and trust in how HR manages sensitive cases.
HR as an Ally
HR is an extremely valuable resource for employees, helping to ensure the workplace is comfortable and promotes positive productivity. Human resources can provide support when employees are uncertain about their next steps, whether by offering career guidance, connecting them to counseling and benefits, or explaining company policies regarding complaints so that all parties remain informed. HR also plays a large role in maintaining and enforcing company policies on all scales.
In harassment cases, HR is often the enforcer and investigator when approached with reports of workplace harassment or discrimination. The human resources team can provide support to ensure victims do not feel isolated, while also investigating the matter in a timely and serious manner. When one employee poses a threat to another, HR acts as an unbiased recorder of the complaint, the investigation process, and the documentation of the incident. When the company itself poses a threat, HR is responsible for ensuring compliance with all federal and state workplace laws.
The role that HR plays is crucial in preventing workplace misconduct and violence, while also serving as a valuable resource when cases do occur.
HR as a Barrier
Mistrust can occur between HR and its employees due to the conflict of interest posed when an HR team’s priority is to protect a company from lawsuits, rather than the well-being of the employee. This can result in a biased investigation of complaints, in which complaints are downplayed or dismissed in the interest of maintaining the company’s reputation. Often, internal cases that can result in legal action against the company are swept under the rug to prevent company damage.
Furthermore, HR can work against the interests of the employee when a case’s sensitive information is shared internally, either within the investigation process or in an informal manner. This can lead to the victim feeling exposed or isolated in the workplace, and prevent other employees from feeling comfortable enough to share further complaints. While illegal, some employees fear repercussions after filing complaints; this is an example of retaliation. Retaliation occurs when an employer punishes an employee for speaking out against some form of injustice in the workplace. Some common forms of retaliation are demotions, unfair treatment or harassment, reduced pay or benefits, and unfavorable work assignments.
Navigating HR Effectively
Any human resources team can be used as a tool, but it is a skill to navigate the HR team effectively. Due to the HR team’s bias towards protecting the company over one of its employees, it is important to recognize how to navigate an HR team while preventing subjection to retaliation or dismissal.
- Know your rights
Before going to HR, it is important to understand what rights are given to employees through company policy and what rights are given to workers by the state. There are many protections in place for employees at the federal level. The EEOC- Equal Employment Opportunity Commission- protects workers from discrimination, harassment, and retaliation in the workplace.
Alternatively, many states have their own workplace policies that often provide more protections for workers. In the state of California, FEHA- California Fair Employment and Housing Act- prohibits workplace discrimination under California Law. By understanding your rights as an employee and as a citizen, victims can more confidently address and target workplace harassment.
- Document everything
While HR teams should take every harassment claim seriously, many unfortunately dismiss the validity of complaints or fail to follow through on cases. This is why it is crucial for employees to keep independent records outside of HR’s files, including documentation of the complaint and any supporting evidence.
By maintaining their own records, employees not only assist HR in the investigative process but also ensure that, if the matter is later brought to external legal counsel, there is clear evidence available to support the claim. Additionally, requesting written updates on the progress of the investigation holds HR accountable by attaching specific dates and names to the responsibilities of handling the complaint.
- Seek external support
If HR fails to act, seeking external support is proactive in ensuring your own workplace safety and making companies accountable for their failings. Contacting attorneys, EEOC, or state-level agencies ensures that there is someone working in your best interest who has experience and knowledge of the law.
When to Go Beyond HR
While HR should serve as the first point of contact regarding any workplace complaints, employees may seek outside resources to escalate concerns outside of the company. If HR dismisses the claim, fails to investigate thoroughly, or if the complaint deals with top supervisors or a systemic problem, it may be necessary to seek outside counsel.
There are various federal and state protective agencies to reach out to if a company goes against federal and state workplace laws. This includes the EEOC, a federal agency that provides federal protection for equal employment. State agencies often provide greater coverage regarding workplace rights, such as FEHA in California. The FEHA, or California Fair Employment and Housing Act, prohibits workplace discrimination and has the ability to enforce laws under FEHA.
Alongside federal and state agencies, it is beneficial to consult with a law firm that specializes in employment law. By working with outside legal sources, employees can feel supported by a knowledgeable attorney who is a direct advocate for the employee.
Human Resources plays a complex role in workplace settings. While the HR team can sometimes be a valuable ally, it is not always an unbiased advocate for employees. With divided loyalties, many employees feel an increasing lack of trust in HR’s ability to handle sensitive cases involving colleagues, supervisors, or systemic issues.
Employees should approach HR thoughtfully and strategically. It is essential for those with complaints to understand their rights both within the organization and under the laws of the state in which they are employed. Documentation is also critical, as it ensures that a case is handled thoroughly and helps maintain accountability by confirming that HR is properly investigating the matter.
While an HR team can be a valuable resource in any workplace, the team’s purpose is to protect the company under which it is governed, making it difficult to trust. There are many steps an employee can take to ensure they are protected within the organization; however, there are times when it is necessary to seek external counsel through federal and state agencies, as well as legal counsel. Any workplace retaliation, discrimination, and harassment should be dealt with the utmost importance, and victims should continue to come forward to hold their workplaces accountable.
