A guide for employers to respond and investigate sexual harassment complaint.

Every sexual harassment complaint must be taken seriously and immediate response from the employer by thanking the complainant and asking her to share more details, then interviewing all parties and witnesses and taking immediate action.

According to a 2023 survey, half of all women scientists worldwide have been a victim of workplace sexual harassment. It is critical that companies have a workplace sexual harassment policy for several reasons. First, having such a policy in place establishes expectations. A workplace sexual harassment policy sets clear expectations for employees and supervisors alike, and outlines what behavior is acceptable and what conduct is not. This can help prevent harassment from happening in the first place by fostering a culture of respect and professionalism.

A sexual harassment policy also encourages employees to report instances of harassment without fear of retaliation. When employees know that there is a policy in place to protect them, they are more likely to come forward with complaints.

A sexual harassment policy also demonstrates the employer’s commitment to providing a safe and respectful work environment for all employees. It sends the message that harassment will not be tolerated and that the company takes complaints seriously.

Such a policy also provides guidance to managers and supervisors on how to respond to harassment complaints properly. This can help ensure complaints are handled effectively and consistently.

Sexual harassment policies also protect an employer from liability in the event of a harassment complaint. If the matter turns into a lawsuit, the employer can demonstrate that they took appropriate steps to prevent harassment and to address complaints. This will make legal consequences less likely.

What are the steps in conducting a harassment investigation?

When an employer receives a sexual harassment complaint, our HR attorney for sexual harassment lawsuit defense proposes that the employer should take the following steps to handle it effectively:

Take the complaint seriously. The employer should take the complaint seriously and respond promptly. They should let the employee know that they will investigate the complaint thoroughly and take appropriate action.
Provide support. The employer should provide support to the complainant, including offering counseling services or connecting them with an employee assistance program.
Investigate the complaint. The employer should investigate the complaint impartially and thoroughly. They should interview the alleged harasser, the complainant, as well as any witnesses. The investigation should be documented, and the employer should keep the complainant informed of the progress.
Take appropriate action. If the investigation determines that there was indeed harassment, the employer should take appropriate action to stop the harassment and prevent it from recurring. This may include discipline or termination of the harasser, providing training to employees, or implementing changes to workplace policies and procedures.
Maintain confidentiality. The employer should maintain confidentiality throughout the investigation and follow-up process to protect the privacy of the complainant and the accused.
Follow-up. The employer should follow up with the complainant to ensure that the harassment has stopped and that they are not facing any retaliation. They should also monitor the workplace to ensure that harassment is not happening.
Document the process. The employer should document the investigation, any follow-up action taken, and the outcome of the complaint. This can help to demonstrate that the employer took appropriate action and can be used as evidence in the event of a legal challenge.

It may be a good idea for a company to hire a professional investigator to handle a sexual harassment complaint, such as a lawyer. A professional investigator can provide an impartial and objective investigation, which can help ensure that the process is fair and unbiased. Professional investigators also have experience and training in conducting workplace investigations into sexual harassment complaints. They can provide guidance on best practices and ensure that the investigation is thorough and effective. A professional investigator can also help protect the company against legal challenges by making sure the investigation is conducted in complaint with the relevant laws and regulations. They can also maintain confidentiality throughout the process, which is important in protecting the privacy of the accused and the complainant. By hiring a professional investigator, an employer may also reduce the risk of conflicts of interest that arise if an investigator is hired internally.

However, it is important to note that not all sexual harassment complaints will require the involvement of a professional investigator. In some cases, the company’s Human Resources department or an external HR consultant may be able to handle the investigation effectively. Ultimately, the decision to hire a professional investigator will depend on the specific circumstances of the case, including the complexity of the complaint, the available resources, and the company’s internal policies and procedures.

What to avoid when handling sexual harassment?

There are many ways for an employer to fumble a sexual harassment investigation. For a start, they may ignore the complaint entirely. This can make an employee feel isolated, unsupported, and further victimized. Sweeping a complaint under the rug, whether for convenience or out of discomfort, also sends the message that sexual harassment is A-okay in one’s workplace. This, understandably, may only encourage future harassment.

Another behavior to avoid is blaming the victim. When employers blame the victim of sexual harassment for the behavior of the harasser, they perpetuate harmful stereotypes and create culture of victim-blaming. Remember: Joan was not harassed because she smiled at Kevin, she was harassed because Kevin is a harasser. Blaming the victim also discourages employees from reporting future misconduct.

Employers should also avoid permitting retaliation against an employee who complained of harassment. Retaliation against an employee who reports sexual harassment may take many forms, including firing, demotion, or exclusion from job-related activities. Retaliation sends the message that reporting harassment is not tolerated, and it can deter employees from reporting misconduct in the future.

It is also important to conduct an adequate investigation into a complaint of sexual harassment. A short or incomplete investigation may lead to inaccurate findings, which may leave the victim vulnerable to continued harassment and the employer open to legal liability. Similarly, an employer should be sure to take appropriate action in response. When an employer fails to take action after an investigation determines that harassment has occurred, it can create a culture of tolerance for harassment in the workplace.

And finally, an employer should take care to avoid confidentiality breaches. Failing to maintain the confidentiality of a sexual harassment complaint can harm the victim by exposing them to reputational harm or retaliation.

How does training help prevent sexual harassment?

A Hiscox study revealed that almost 40% of businesses do not offer anti-harassment training to their employees. However, training can be an effective way to prevent sexual harassment in the workplace.

A good training program can increase awareness among employees of what constitutes sexual harassment, how it can manifest in the workplace, and the impact it can have on individuals and the work environment as a whole. By teaching employees how to recognize and prevent sexual harassment, training can help prevent it from happening in the first place. Employees may also learn how to identify and report incidents of sexual harassment, which can help ensure that problems are addressed early on before they escalate into more serious issues. There is also the benefit of training creating a respectful work culture by emphasizing the importance of treating all employees with respect and dignity, and by highlighting the negative impacts of sexual harassment on individuals and the workplace as a whole. And then there is the practical benefit of training helping employers comply with legal requirements, such as those under Title VII of the Civil Rights Act of 1964, as well as other federal and state laws.

Education and training can provide employees and supervisors alike with a range of skills and lessons that can help combat sexual harassment in the workplace. These include the following:

The ability to identify types of harassment. Employees will learn about quid pro quo harassment, hostile work environment harassment, retaliation, and other unacceptable kinds of behavior.
How to respond to sexual harassment. Employees can learn how to respond appropriately to incidents of harassment, including how to report instances, as well as what resources are available to them.
Prevention. Employees can learn about the importance of prevention and what they can do to prevent sexual harassment from happening in the first place, such as setting clear boundaries and communicating effectively.
Empathy and emotional intelligence. Training can also help employees develop empathy and emotional intelligence skills, which can help them recognize and respond to instances of sexual harassment in a compassionate and effective way.

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