When an employer responds to an email complaint of harassment, it is important that they are professional, empathetic, and supportive. However, it is equally critical not to take the viewpoint of the complainant before the investigation has been conducted. Thus, it would not be appropriate to write to HR, “Justine came to see me because Kevin sexually harassed her.” By doing so, the employer is implying that they automatically believe harassment to have occurred. If the email sender accepts the complainant’s position as a foregone conclusion, this can lead to legal liability in the future. Imagine if the alleged harasser (Kevin, let’s say) turns out to be innocent of harassment. If he takes legal action against his company, the paper trail would show the employer’s email automatically assuming Kevin’s guilt. This could put the company in hot water.
The best practice is to communicate in person to prevent misunderstanding. A simple walk down the hall to HR might prevent months of litigation.
If the situation must be discussed in writing, as in email form, it is best to refer to the issue vaguely, as an employee complaint. It is also wise to frame any explanation as the complainant’s description. As an example, an employer may write the following: “Justine came to see me about an incident she believes to be sexual harassment.”
It is important to remember that emails between an employer and HR are not privileged. If there is a lawsuit related to the incident, lawyers are going to want to see all written documents and emails. If an employer jumped to the conclusion that harassment occurred, the lawyer for the alleged harasser is going to use that information against the company.
If communicating via email is necessary, then it is important to stick to the facts. An employer should report only what occurred, as in, “Justine came to my office. She told me she has been sexually harassed.” Note that by saying this, the employer is not adopting Justine’s viewpoint, but is merely reporting what she said.
If an employee brings the issue of sexual harassment to an employer’s attention by email, the employer should respond by saying the matter must go to HR. In this case, an employer might respond with an email saying, “Thank you, Justine, for bringing this issue to my attention. Please note that I must refer this matter to Human Resources. Do not hesitate to contact Hannah at [number].”
To keep the workplace safe and productive, an employer should make it known to all parties involved that the company does not tolerate retaliation.
When HR response to a harassment complaint, an employer should take care to follow these steps:
- Acknowledge receipt of the harassment complaint. Thank the complainant for bringing the matter to one’s attention. Show empathy and concern for the complainant.
- Inform the complainant of the next steps. Inform let the complainant know that the reported harassment will be investigated, as well as who will be involved in the investigation. Assure the employee that the matter will be handled confidentially.
- Provide contact information. The employer should give the employee the contact information of an HR representative or the investigator, as well as any counseling services.
- Reassure the employee. Ensure the employee knows that the company takes harassment very seriously and will promptly look into the matter.
- Maintain confidentiality. An employer should emphasize the importance of maintaining confidentiality throughout the investigation to protect the privacy of the complainant and alleged harasser.
- Offer support. The employer should offer the complainant support in the form of counseling and other resources. These can help the employee cope with the stress of the situation.
- Close with the next steps. the email can be concluded with an outline of the next steps in the investigation process, including offering a timeline of the process.
It is important that an employer answer an email containing a harassment complaint promptly and with professionalism. This will display to the employee that he or she takes the harassment report seriously and is committed to addressing the problem.
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Brad N2024-04-17 12:42:082024-04-17 12:42:09How to Calculate FTE
