Addressing a worker’s questionable sexual harassment report

Both federal and state statutes prohibit sexual harassment in the workplace. Employees should not have to tolerate quid pro quo harassment from a supervisor or a hostile work environment caused by their teammates to earn a living. Companies with multiple employees generally need to have sexual harassment policies in place that provide instructions on how to report concerns about sexual harassment to management or the human resources team. Most organizations go years without ever having any complaints of sexual harassment. When a worker does file a complaint, there may be questions as to the veracity of their allegations. How can businesses protect against the potential consequences of potentially unsubstantiated claims of sexual harassment? With documentation and an investigation Those in management and human resources should have proper training on how to document a sexual harassment complaint. Companies typically need to maintain formal records of all complaints. They also need to investigate thoroughly rather than dismissing or covering up the complaint made by the worker. Failing to document and investigate reports of sexual harassment can give a worker grounds to hold the business accountable for the alleged conduct of other employees. Investigations should be prompt and as neutral as possible. There should be documentation of attempts to uncover the truth and any disclosures made by other workers about the situation. With an appropriate response Sometimes, managers and human resources professionals forget that sexual harassment depends on the perspective of the victim, not the person accused. The intent of the person making flirtatious statements or inappropriate jokes does not matter. What does matter is the perspective of the recipient of that attention. Any information that substantiates allegations of sexual harassment requires a prompt response from the business. The simplest solution is often to mandate sexual harassment training for the person accused so that they can correct the problems with their behavior. Other times, it may be necessary to move them to another department or a different shift to limit the contact between the harasser and the person who reported the misconduct. Companies have to be careful not to make any decisions that might appear retaliatory to the person who reported the harassment initially. So long as the company responds appropriately and documents the efforts undertaken to protect the employee, it is often possible to limit the risk of a lawsuit. Responding proactively to complaints of sexual harassment is crucial for the protection of an organization. Companies that treat each complaint as a serious concern are less vulnerable than those that try to ignore allegations of sexual harassment.The post Addressing a worker’s questionable sexual harassment report first appeared on Kenneth I. Gross & Associates.