Sexual Harassement

System

A situation arose where an employee made suggested comments and actions to an independent contractor. Other employees had made complaints to management about this behavior but when asked if they would be willing to file and attest to a complaint they than refused. Is it necessary that compaints be filed or can we as the em[ployer act on heresay.

ray a

There doesn't have to be a "formal complaint" for your company to be liable for an harassment lawsuit. If word has gotten to you one way or another, consider it reported. Now you have an obligation to take action.

What I do when I hear of problems such as yours, I perform an investigation talking to everyone who was involved in the situation or has been named as a witness. After I have the complete story, I make a decision on how to proceed. It may be discipline following our progressive disciplinary process, or it may be "fatherly" advise - depending on what actually happened.

System

If none of the employees now want to stand behind their original complaint how would I than present it to the responsible party. What would be my response if asked for evidence of the accusation.




>There doesn't have to be a "formal complaint" for your company to be
>liable for an harassment lawsuit. If word has gotten to you one way
>or another, consider it reported. Now you have an obligation to take
>action.
>
>What I do when I hear of problems such as yours, I perform an
>investigation talking to everyone who was involved in the situation or
>has been named as a witness. After I have the complete story, I make
>a decision on how to proceed. It may be discipline following our
>progressive disciplinary process, or it may be "fatherly" advise -
>depending on what actually happened.

SMace

I would have a conversation with the person being accused. I would tell them that x number of people (there were more than one in this case, which makes the case potentially stronger) have complained and give the specific behavior they complained about. Do not give names. I would also tell them that they have retracted their compliant and an investigation (if that is so) did not turn up furhter information. I would continue to advise that retaliation against harassment complaints is prohibited and punishible. Further, I would make them aware that the "accusers" are aware of the retaliation rules. Make sure they (the accused) have had harassment training within the year and if they have not or if they have questions about what harassment is, etc. I would send them through it again. Document all they way and your done. Hopefully.

ray a

>If none of the employees now want to stand behind their original
>complaint how would I than present it to the responsible party. What
>would be my response if asked for evidence of the accusation.
>

Sorry, I didn't see this question until today. I recently dealt with a harassment charge. The "victim" told me her story and gave me the names of witnesses. This was racially motivated, not of a sexual nature. When I talked to these so-called witnesses, they disputed the claims of the victim. Instead, they said the "victim" was the one making racially charged comments which tended to make people uncomfortable. So, I dug deeper and talked to a group leader who used to give the "victim" rides to work. She stopped the taxi service primarily because of the poor attitude of this person and was tired of hearing all her complaints. She supported the testimony of the two "witnesses", but was not part of the original claim nor did she work in the exact same department.

I went back to the "victim" and told her I was unable to find anyone to support her claims, and in fact they put the blame back on her. I asked her if she could provide any other witnesses or proof. She admitted she was unable to. She also admitted that much of her claim was over a year old - it went back to the events of 9/11.

I gave further counselling to all involved to not retaliate and the ramifications of false accusations. This occured earlier this year - i check back periodically with the "victim" and she says everything is fine.

HRsage

I agree with Ray. Especially if the verbal complaints have been to HR or another supervisor, there is then an obligation on the employer's part to investigate and resolve anyhing if needed. It's not here-say if the person complaining is the one being harassed. Investigate it now and save yourself the trouble in the future.

Whatever

I would agree with the above. However, when talking to the employess who do not want to file a complaint, I would advise that while they will not be forced to do anything they are uncomfortable with, that their help is needed and absolutely essential if a fair investigation is to be conducted. I would also point out that their job is not jeopardy, no matter what they do. Usually (but not always), I have gotten cooperation.

Don D

Some company policies allow for termination for refusal to cooperate in an ongoing company investigation. If the empoloyee refusing were flip enough about it that might be a consideration in some instances.

Another thing that hasn't been mentioned is that a company's PROACTIVE response by immediately handling an investigation will sometimes go a long way with the EEOC, and should.

Rockie

>I would agree with the above. However, when talking to the employess
>who do not want to file a complaint, I would advise that while they
>will not be forced to do anything they are uncomfortable with, that
>their help is needed and absolutely essential if a fair investigation
>is to be conducted. I would also point out that their job is not
>jeopardy, no matter what they do. Usually (but not always), I have
>gotten cooperation.

In our policy, part of it involves parties being cooperative in the investigative process. This may be something that you would like to consider putting into your policy.

scottorr

As with everyone else, an investigation would cover yourself. However, you want to make sure you follow the steps outlined in your harassment policy. Also you will want to take notes of any conversation with any employee providing information about this complaint whether they choose to make it formal or not. That way if a lawsuit is filed you wont have to try and remember who told you what and when.

SMace

You need to take action. From what I read you have several complaints about one person. Also, refusal to attest to a complaint sometimes can be a red flag for severe or pervasive harassment. You need to assure the complainers that an honestly believed complaint is protected and have a policy to back it up.

Our training and policy addresses that it is a condition of employment for an employee to make the company aware of harassment. I also tell them that they can't tell us they've been harassed but don't do anything about it. If you do that you are setting your company up for a large judgement or settlement.