Handling Sexual Harassment in the Workplace: Best Practices for Employers

Sexual harassment in the workplace is a sensitive and complex issue that can have serious consequences for both employees and employers. When handled improperly, it can lead to decreased morale, chronic absenteeism, and a host of negative impacts on your business. In this blog, we will discuss how employers can navigate sexual harassment claims, the investigation process, and how to minimize risks while fostering a respectful and safe workplace environment.

The Impact of Sexual Harassment on the Workplace

Sexual harassment can take a significant toll on the work environment. Victims of harassment may experience:

• Decreased work performance: The stress and trauma of being harassed can cause employees to underperform or disengage from their duties.
• Increased absenteeism: Victims of harassment may take more sick days or avoid going to work due to the discomfort and fear they feel.
• Lowered morale and productivity: Harassment can create a toxic workplace culture that diminishes overall team morale and productivity.
• Negative reputation: Companies that fail to address harassment claims can suffer a damaged reputation both inside and outside the organization.

Therefore, handling these claims appropriately is essential for both the well-being of your employees and the success of your business.

The Importance of Investigating Claims of Sexual Harassment

When an employee comes forward with a sexual harassment complaint, it is vital that employers take the matter seriously and investigate it thoroughly. Failure to investigate can lead to serious legal repercussions, including claims of negligence or retaliation.

Tom, an employment law expert, explains that handling these complaints requires both sensitivity and strategy. It is essential to:

1. Document the Complaint: One of the first steps is to document the details of the complaint. The law requires employers to take appropriate action once an employee reports harassment, whether it’s a supervisor or HR. Inadequate documentation is one of the most common mistakes employers make, as it can be used as evidence in a legal claim.
2. Investigate Both Sides: It’s crucial to conduct a balanced investigation, asking questions of both the alleged victim and the accused individual. HR must ask delicate, open-ended questions to gather all the facts and avoid bias. Properly interviewing witnesses, co-workers, and supervisors is critical in ensuring a fair investigation.
3. Maintain Sensitivity: Sexual harassment complaints can be uncomfortable and graphic. HR departments need to approach these situations with empathy, offering a safe space for employees to share their concerns. Listening attentively and acknowledging the emotional and psychological impact on the victim is key.
4. Create a Safe Environment for Reporting: A company must establish clear procedures for reporting harassment that ensures the employee feels heard and supported. Having a culture of openness is vital for addressing harassment claims promptly.

How Employers Should Conduct a Sexual Harassment Investigation

Once a sexual harassment complaint is received, employers should proceed with a fair and thorough investigation. The investigation should involve several critical steps:

1. Interview the Alleged Victim: Start by interviewing the employee who made the complaint. HR should listen carefully and ask detailed, open-ended questions about the nature of the harassment and the events that led to the complaint.
2. Interview the Accused: It is just as important to hear the accused’s side of the story. The perception of the situation may differ, so HR must ask follow-up questions and gather all available details. The goal is to understand the dynamics of the relationship between the two individuals and uncover any potential biases.
3. Speak with Witnesses and Supervisors: It’s crucial to gather information from anyone who might have witnessed the alleged harassment. Additionally, supervisors and co-workers can offer insights into whether similar incidents have occurred before or if the behavior was known within the company.
4. Document Everything: After conducting the interviews and gathering all relevant information, HR should compile the findings in a clear and detailed report. This documentation should outline the investigation process, the conclusions drawn, and any actions taken. Having a clear record can protect the employer in case the situation escalates into legal action.

What Happens After the Investigation?

Once all the facts are gathered, HR must make a credibility determination. If the claim cannot be substantiated, the employer must still ensure that the situation is handled delicately to avoid retaliation against the complainant. In some cases, there may not be sufficient evidence to prove that harassment occurred, but there may be signs that suggest inappropriate behavior was likely.

At this point, employers may consider options such as:

• Separation of the parties involved: If necessary, separating the alleged victim and perpetrator is one option. This step helps prevent retaliation and shows the company is taking proactive measures to address the issue.
• Retaliation Prevention: It’s crucial not to penalize the complainant or make them feel they are being punished for coming forward. Retaliation is illegal, and employers should avoid any actions that could lead to such a perception, such as changing work hours or shifts for the complainant.

Why Legal Counsel is Important in Sexual Harassment Investigations

Determining the appropriate response after an investigation can be challenging. For instance, in cases where both parties have stellar work records and the situation is based on conflicting testimonies, HR might struggle to make a final decision. At this stage, it’s highly advisable to consult with an attorney who specializes in employment law. Legal counsel can provide guidance on how to proceed with difficult decisions, including how to manage the liability risks for the company and protect employees’ rights.

Best Practices for Employers

To avoid future legal issues related to sexual harassment, employers should adopt proactive measures such as:

• Training for Supervisors and HR Personnel: Make sure supervisors and HR staff are trained in how to handle harassment complaints and conduct investigations. Regular training ensures that everyone knows the appropriate steps to take.
• Clear Anti-Harassment Policies: Develop and communicate clear policies regarding sexual harassment, ensuring that all employees are aware of what constitutes inappropriate behavior and the procedure for reporting complaints.
• Create a Culture of Respect: Employers should foster an environment where respect and equality are central. This can be done through leadership, clear communication, and regular team-building activities that promote positive relationships.
• Document Decisions: Whenever an action is taken based on the investigation, it’s essential to document the reasons for the decision. Whether disciplinary action is taken, or a decision is made to separate the parties, clear documentation can help mitigate future legal risks.

Conclusion

Sexual harassment is a serious issue that requires a careful, sensitive approach. Employers must not only take complaints seriously but also handle investigations with the utmost professionalism and thoroughness. By documenting the process, involving legal counsel when necessary, and fostering a respectful work environment, companies can protect both their employees and their business.

If your company is facing a sexual harassment claim or needs guidance on creating a safe and respectful workplace, Cramer Law is here to help. Contact us today to discuss your options and ensure that your company handles sexual harassment claims in compliance with the law.