What To Do When You have a Harassment Claim
Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act, Americans with Disabilities Act, and California Fair Employment & Housing Act impose liability on employers for failing to remedy and prevent a hostile or offensive work environment of which management knew or should have known about in workplace harassment. Harassment occurs when an employer creates, condones or permits a hostile, intimidating or offensive work environment. Therefore, an immediate and thorough investigation, followed by an appropriate remedy, is necessary for the employer to reduce and avoid liability.
To conduct an appropriate workplace investigation, an employer should follow these 13 critical practices:
1. Be prompt in conducting a thorough investigation of the alleged harassment by an objective and qualified employee or independent third party.
2. Act in good faith by listening objectively to all sides, the complaining employee, the alleged offender, and witnesses.
3. Follow “need-to-know” procedures and protect privacy to the extent possible; absolute confidentiality cannot be guaranteed and limited disclosure may be necessary or required.
4. Maintain proper documentation and records of the entire investigation.
5. Promptly maintain an initial meeting with the complaining employee to get their understanding of the problem.
6. Hold a “notice” meeting with the accused employee to provide adequate notice of the allegation(s) and a reasonable opportunity to respond.
7. Interview all knowledgeable persons, witnesses, and review relevant documents, including company policies and procedures.
8. Outline the chronology of events that surround or pertain to the incidents in question.
9. Hold a review meeting of the evidence gathered during the investigation with the accused employee and give them an opportunity to respond.
10. Distinguish facts from allegations, assumptions, and opinions.
11. Evaluate the merits, make reasonable and honest inferences, and reach a decision based upon the facts and substantial evidence gathered during the investigation.
12. Make sure your paperwork accurately reflects your decisions and conclusions that have been made fairly and impartially.
13. Avoid Retaliation!
Contact your HR Consultant and/or legal counsel immediately when you have a harassment claim and before making any tangible employment actions. An employer’s response must be reasonably calculated to end the harassment and prevent it from happen
