Legal Question in Employment Law in California

Possible Conflict of Interest in role of HR Director?

The Director of Human Resources for my company is also the company's Executive Vice President, which ranks him above all members of management and departmental directors. As the call center's operations manager, I have not been allowed to issue any warranted corrections or terminations without his approval. The department director must report to the HR director as his immediate boss. He brought with him, upon his arrival, several employees from his previous company. They have committed slander, harrassment, and have been responsible for a discrimination case, yet he will not allow us to take action, despite evidence. I have never been in a company where management had to answer to HR. Is this just an unfortunate situation or is a conflict of interest present given the individual's dual role in the company?


Asked on 2/01/02, 5:16 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Possible Conflict of Interest in role of HR Director?

It is certainly an example of bad management. Where they may step over the line is if the company refuses to take effective, corrective action against employees who illegally harass other employees. Once a complaint is brought to the attention of H.R., it has a legal duty to conduct a good faith investigation and to take corrective action to assure that the harassment stops and that there is no retaliation against the accuser. If the nepotism is so strong as to protect the harasser, the rights of the reporter have been violated. Care must be taken in documenting such complaints and in following company policy to assure that the company does its job correctly. If not, it is time to go outside the company to either the EEOC, DFEH or a private attorney.

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Answered on 2/05/02, 12:53 pm


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