Responding to a Sexual Harassment Complaint

Responding to a Sexual Harassment Complaint

Sexual 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 Policies

​Massachusetts law mandates that all employers have harassment policies in place. These policies must outline procedures for reporting and investigating complaints. Specifically, your policy should:

1. Clearly state that sexual harassment and retaliation for reporting it are unlawful.
2. Provide definitions and examples of actionable harassment.
3. Explain the process for reporting and investigating complaints.

Having a well-structured harassment policy is crucial for two reasons.
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 Harassment

To 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 Complaint

Upon learning about an employee's harassment claim, certain steps must be taken:

1. Gather information from the complainant in a safe and confidential manner.
2. Conduct a fair and prompt investigation into the allegations.
3. Ensure that both the complainant and the accused are informed of the investigation's results.

In larger companies, the human resources staff typically handles this process, but it could also involve the CEO or senior management. The investigation should be thorough, impartial, and focused on determining whether the alleged conduct occurred. It should not seek to protect the company or any particular employee. It is essential to avoid punishing any employee for making a good-faith complaint, even if the complaint turns out to be unfounded.
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 Factor

Most 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.

Need Help With a Sexual Harassment Complaint?

Call (781) 784-2322

OR

Schedule a Free Information Call

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.

Don't:

• 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.

Wondering How to Handle a Report of Harassment?

Our Solutions Roadmap is a quick and easy way to share the details of what you are facing and receive preliminary feedback from a member of our team.  Use the button below to get started- it is 100% confidential and 100% free.

Tell Us What's On Your Mind

How Our Employment Lawyers 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.

Schedule a Free Information Call