Sexual Harrassment investigation
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Does anyone have any suggestions for possible actions that may or may not be taken in a sexual harrassment case that is strictly "she said/he said?" Our options may include department transfer for the alleged victim, but not likely a transfer for the accused because of available job openings. What have you done in similar circumstances? Thanks.
Comments
Depending on the nature of the incident, you should counsel, discipline or discharge. Asking the "victim" how she wants to inter-relate with the offender is fine, but even if she says "no problem" it doesn't get you off the hook for controlling future possibilities. You can give instructions to the offender not to be in contact with the employee or to be in other employee's work area. You can indicate that if there is a need to be involved with the employee in work matters, the offender must inform the supervisor first and get permission or cleared to approach the other employee. That's why knowing exactly what was done and what you decided is important in handling what you need to tell the offender.
You also may want to give some "sensitivty training" or "sexual harassment training" to the offender and any other employee you feel would be helped by it (if you don't give it for all).
Hope this helps. Call me if you have any questions at 615-371-8200.
Margaret Morford
theHRedge
The general feeling is that approach chills the interest of employees to report incidents when they occur. But the reality is that we are saying, usually to the male employee, "well, we didn't get you now so consider yourself lucky and don't do it again" despite his claim of "innocent."
Do employers regularly tell the alleged victim intentionlly making false reports is a violation? NO. There is a presumption the report is true because it's better "to play it safe than sorry" but the problem is the employer can't prove it. Thus the onus still falls on the alleged harasser, even though he has claimed innocence and there is no basis in fact not to believe him.