Responding to a Sexual Harassment Complaint
Responding to a Sexual Harassment ComplaintSexual harassment complaints in the workplace demand a swift and appropriate response. As an employer or manager, it's crucial to understand the necessary steps to address such complaints. Sexual harassment is prohibited by state and federal employment laws, and your response plays a pivotal role in maintaining a healthy work environment and legal compliance.
Sexual Harassment PoliciesMassachusetts law mandates that all employers have harassment policies in place. These policies must outline procedures for reporting and investigating complaints. Specifically, your policy should:
First, it's always better to prevent harassment rather than address it after it occurs. Second, failing to have or follow a policy may result in punitive damages awarded by a court in addition to actual damages and attorneys' fees. Identifying Sexual HarassmentTo better understand the definition of sexual harassment and its forms, refer to our comprehensive sexual harassment page. In essence, sexual harassment encompasses unwelcome sexual advances, requests for intimacy, and behaviors that create a hostile work environment.
Supervisors pressuring employees for sexual relationships often represent "quid pro quo" sexual harassment, but it can take more subtle forms. Repeated inappropriate comments, excessive attention to an employee's appearance, off-color jokes, and more can contribute to a hostile work environment. Investigating the ComplaintUpon learning about an employee's harassment claim, certain steps must be taken:
While you are not obligated to have an attorney assist you in this process, it can be beneficial. Alternatively, you can retain outside counsel to manage the investigation, providing credibility to the process and outcome. Remember the Human FactorMost harassment claims arise from genuine discomfort with a situation, rather than strategic or malicious motives. Both the employee making the complaint and the individual named in the complaint deserve sensitivity and respect throughout the process. Demonstrating empathy can prevent legal action and maintain a harmonious workplace.
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Summary: Do's and Don'ts of Responding to a Harassment Complaint
Do:
- Follow your sexual harassment policies.
- Document the steps taken during the investigation and its outcomes.
- Collect information from the complainant confidentially.
- Conduct a thorough and impartial investigation.
- Ensure the investigator is unbiased and not implicated in the complaint.
- Consult an attorney early for advice.
- Take appropriate disciplinary action if the claims are substantiated.
- Use the investigation results to update your sexual harassment policies as necessary.
- Require the complaining employee to confront the accused directly.
- Retaliate against the complaining employee for reasons unrelated to the complaint.
- Place negative comments in the complaining employee's personnel file to discredit them.
- Destroy relevant emails or documents related to the complaint or investigation.
Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, and advice about employment law generally.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, employment discrimination and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of severance and non compete agreements, wage and hour disputes, employment and discrimination claims, and advice to small business owners about employment law and other business matters.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
How We Can Help
Our experienced team specializes in guiding businesses through the complex process of responding to sexual harassment complaints. We provide expert legal counsel, ensuring your actions align with state and federal laws, maintaining a safe and respectful work environment. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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