How to Handle an Employee Sexual Harassment Complaint?

When an employee makes a sexual harassment complaint, you should carefully collect evidence by interviewing witnesses and analyze the facts of the company’s workplace anti-harassment policies. Most importantly, treat the complaining employee with compassion and respect.

When an employee makes a sexual harassment complaint, you should act promptly by investigating the facts and taking action to stop further alleged sexual harassment from occurring by separating the parties. You must treat the sexual harassment complaint seriously and conduct a thorough investigation to reach an objective outcome.

If an employee raises a complaint of discrimination or sexual harassment, a manager or employer has an ethical, moral, and legal responsibility to investigate the allegation promptly and thoroughly. The employer must take the employer at their word, rather than taking valuable time deciding whether they believe the individual’s story or not.

If an employer comes across rumors that there is sexual harassment happening in their workplace, he or she has a duty to investigate the possible harassment in the same way they would had they received a formal complaint.

This includes overhearing gossip from other employees, such as when two people chat in the office breakroom or restroom. It can also involve situations where noninvolved workers or friends of the victim raise the issue with Human Resources in an effort to help the victim, who may be too afraid or embarrassed to get help. It may also include any scenario where an employee tells HR about inappropriate behavior that they may have witnessed.

One of the most common requests our attorney defending sexual harassment complaints comes from employees who want to talk but demand confidentiality. The thing is – most employees do not understand the tricky nature of confidentiality in Human Resources. An HR representative should respond to the request by promising they will keep the matter private if possible. However, by law some issues must be pursued, regardless of the employee’s preference. Sexual harassment is one of these issues. Even if the employee does not want the matter to be investigated, according to the law, it must be.

Human Resources should discuss this reality with the employee before he or she shares their concerns. This way, the employer can avoid being accused of breaking promises or being untrustworthy. Such accusations can undermine other employees’ confidence in HR, making them less likely to report misconduct.

Sexual harassment allegations in the workplace should be handled like any other formal complaint. An employer should take the following actions:

Ensure that the company’s sexual harassment policy is posted so that all employees are aware of it. The policy should make it clear that sexual harassment will not be tolerated, and any instances of it will be investigated. Also, the perpetrator will be punished.

An employer should offer several methods by which an employee can file a complaint. Complaints to the supervisor or manager should not be the only option, because it may be this individual about whom the worker needs to complain. The CEO, company owner, and Human Resources are other excellent reporting options. A manager is another valid option, assuming that he or she is not the alleged harasser.

An HR staff member should be assigned to the complaint. This person should be knowledgeable about the people in the company and the history of the company itself.

The employer should create a plan that indicates the situations and people to investigate based on the complaint. Using this information, he or she should plan the investigation.

At this point, the employer or HR should speak with the complainant. The individual should be guaranteed they are protected from retaliation. They should also be assured that they took the proper course by reporting the incident regardless of what the investigation determines.

The employee should be instructed to report any possible retaliatory acts or continued harassment.

The employee should then tell their version of events, and the employer should listen carefully and take notes to record the conversation. They should note dates, times, witnesses, and situations.

The employer should let the accused know that a complaint has been filed and any acts of retaliation are forbidden. They should request patience as the investigation runs its course.

The accused should be assured of a just and fair investigation.

Witnesses should be interviewed using open-ended questions. The employer should seek facts that disprove or support the complainant’s charge.

The employer should interview the individual accused of harassment. The same respectful approach should be afforded them.

The employer should take the information they have gathered and reach a determination. Consult with HR to ensure the appropriate decision is made.

Speak with a lawyer to make sure that the whole situation has been assessed fairly based on the collected evidence. Ensure that the attorney backs up the ultimate decision.

Based on the advice of the attorney and colleagues, the employer should determine whether sexual harassment occurred. Based on the findings, the employer should enact the appropriate disciplinary actions. This may mean changing work assignments or transferring employees.

Understand that no situation can be handled perfectly. Even if harassment happened and there is sound reason to believe that it did, there may not be the facts or witnesses to prove the complainant’s statement.

Make sure that no further incidents happen by following up with the complainant. Documentation should be kept in an investigation folder, separate from the individual’s personnel file.

Follow up with the accused employee, who in fact may have been wrongly accused, and extend the same curtesy of documentation.

It is important to investigate sexual harassment in the workplace for several reasons. First, such investigations protect employees from a hostile and unsafe work environment, which can have negative effects on their mental and physical health. Investigating and addressing incidents of sexual harassment can help protect employees from harm and ensure they feel safe and respected at work.

Investigations also help identify systemic issues or patterns of behavior that may be contributing to the problem. By addressing these issues, employers can take steps to prevent future incidents of sexual harassment and promote a respectful and inclusive workplace culture.

Employers also have a legal obligation to investigate and address incidents of sexual harassment under various federal and state laws, including Title VII of the Civil Rights Act of 1964. Failure to investigate and address sexual harassment can result in legal liability for the employer.

Investigating incidents of sexual harassment in the workplace also sends a clear message to employees that the employer takes sexual harassment seriously and is committed to creating a safe and respectful workplace for employees.

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How to Handle an Employee Sexual Harassment Complaint?

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