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.
Wondering How to Handle a Report of Harassment?
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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.