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How Should an Employer Respond to a Sexual Harassment Complaint?

If an employee makes a sexual harassment complaint, an appropriate response is critical and required by law. You should:

• Have a written sexual harassment policy in place, including a process by which employees can make complaints;
• Initiate a prompt, fair and impartial investigation into the allegations;
• Maintain the confidentiality of the employee's complaint;
• Communicate the outcome of the investigation to both the employee and the alleged harasser.

You should also know that, whatever the outcome of your investigation, you are not allowed to retaliate against the complainant for making the report.

You are not required to bring in outside counsel to conduct the investigation.  However, this is a complex and fact-specific area of the law, so it is a good idea to consult with an employment lawyer before beginning the investigation.


Learn more here about responding to a sexual harassment complaint in Massachusetts.

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