Workplace Harassment- How to Handle the Complaint

The number of sexual harassment cases still unfolds and becomes mountainous. From technology companies through media firms, governments and organizations of all sectors, complaints of such cases continue to be received across offices globally.

Sexual harassment civil lawsuits are the type that is most likely to be disastrous for a firm. That is why when a company does not act as per the complaint within the shortest time possible, it ends up having an unsafe place to work with or even losing the best talent. An action that a company takes the moment that the sexual harassment report comes to the table determines how the company can avoid the impending liabilities. More importantly, when a company acts swiftly to a harassment complaint, the employees are assured that their safety is the Company’s priority.

The following comprises useful lessons that one can learn in addressing a sexual harassment complaint. This makes it pivotal for a business to create a clear policy to tackle the situation as seen in the following way. Once again, as is the case with everything in the E&C and HR universe, the solution starts with a policy. Since any form of reporting of sexual harassment entails a sequence of events that may span a considerably prolonged period and is costly, what if the harassment did not take its course in the first place? This is a favorable ground where the need of formulating a good policy comes in. There is case that a business should go for a policy that warns its employees that any incidences of sexual harassment will not be condoned and that any complaints presented will be dealt with to their conclusion.

Here’s what the policy can include:

• Another area of concern that should be stated clearly is sexual harassment.
• The behavior that would be considered sexual harassment – The examples of the type of conduct that would be considered as sexual harassment.
• The measures an employee can take when he or she wants to report incidences of sexual harassment.
• A form that an employee will use to report an incidence of sexual harassment.
• A statement that guarantees an employee shall not be punished for reporting a grievance.
• Another major element means a clear picture of the investigative procedure that will start as soon as a complaint has been lodged.
• The possible sanctions to which the accused will be subjected to with regards to the alleged violation.

Take Everything Seriously

Sexual harassment cases for instance can be difficult when handling them. Structured or unstructured – each harassment report requires an urgent action to be taken. Ensure that you treat all charges as seriously as possible, inform the complaining party that the matter will be investigated soon and let them know that you will not penalize for making the complaint.

Ensure Confidentiality

As the case may be especially when an issue of sexual harassment is at the table, confidentiality remains the number consideration. Receiving sexual harassment can also be a hard moment for the employee and even reporting the case can also be very difficult. When handling the complaint emphasize on its sensitivity and inform the complaining party that all measures have been taken to ensure that they are not punished for complaining.

Run a Prompt Investigation

Even if the sexual harassment charge seems to be real or a mere fabrication, it needs to be acted on, especially investigated for or rather addressed. If left unresolved, this complaint can turn into a major problem.

A few basic steps to take for an investigation include:

• Setting up the boundaries of the research
• Interviewing the employee who report the case of sexual harassment
• This depends on the type of case whereby interviewing the accused employee may be necessary in order to investigate further.
• This is done to corroborate the information and testimony of any other witness that may have been involved in the event.
• Reading through related correspondences like the emails, the memos and among others
• Thus defining the correct measure to be taken
• Documenting everything

The best practice regarding handling of these complaints is to have a qualified and experienced investigator from the organization. They do so because a professional investigator has the ability to look at the situation objectively and make a decision as any other layman by using the evidence which has been produced by both parties.

Consider Outside Counsel

Please consult an attorney on the complaint so that you can be in a position to handle the complaint fairly depending on the evidence you have. It is understood that an outside investigator observes the subject and therefore is capable of performing an objective investigation.

To Conclude

Every time a sexual harassment complaint emerges on the company shore it is the ethical, moral and legal responsibility of the employer to conduct an investigation at firsthand. It is therefore advisable that any harassment case is best dealt with by a comprehensive policy that acts a guide while handling the case. Apart from conducting the investigation in the most efficient way possible, there should always be measures put in place to shield the subject from any possibility of being retaliated against. Even if you decide to perform the investigation on your own it is usually most effective to hire the assistance of a professional. An experienced investigator is well conversant with the laws governing sexual harassment, has the right questions to ask both the accuser and the accused and provides a professional and fair verdict.

In case you need any help with regard to any complaint of sexual harassment, a sexual harassment law attorney will be able to provide a quick and worthwhile solution.

Professional lawyer have dedicated their lives to the craft and stand by your side throughout the entire case, should you have any questions or concerns about the process.