Boss Charged With Sexual Harassment - What would you do?

njjel · February 2002

The manager of a very small branch office (7 employees there) of a company of about 100 employees has been accused of sexual harassment. She reported this to the department manager (the Branch Manager who is accused is his boss). Who does he report the incident to first, the Branch Manager or the Owner and then confront the Branch Manager? (The Branch Office manager reports to the Owner who is in another state.) He has interviewed the employee and documented her charges in writing and she has signed the complaint. (I wouldn't want to be in his shoes!)

Theresa Gegen TX · February 2002

If I were in that situation, I would report the incident to the owner. However, if the company has a human resources or personnel manager, that person should probably get the information immediately (and let them report to the owner).

I think the person who took the complaint runs a big risk that the branch manager will be mad that he reported it directly to the owner, and skipped over the branch manager in the chain of command. But if he doesn't report the accusations to the owner, they will probably get buried by the branch manager, nothing will get done, and the company, if it gets sued, may suffer from a large liability.

Also, the person who took the complaint should check the company policy, because it probably allows him to skip over the branch manager (who is the one complained about) in this situation.

Finally, the investigation (and "confronting" the branch manager) should not be done by the employee who is supervised by the branch manager. In this case, the company should consider hiring an outside investigator who will report to the owner for the owner to make the decision.

Good Luck!

TheCol · February 2002

Agree. The "Big Boss" needs to be informed ASAP. I recommend that he appoint a person to inquire. I suggest a branch manager from elsewhere in the company to take a trip to this location, investigate, and make a report to the boss. Follow the Company employment manual but in any case the keys are: TIMELY, thorough, fair - inquiry with demonstrable action if appropriate. Would even go so far as to make a nameless case study when all done and publish it for the company with a restatement of its "no slack" sexual harrassment policy.

Margaret Morford · February 2002

You can also use your attorney as an outside person to do the investigation. However, if you get sued, you couldn't use that attorney to defend you. You can also hire a consultant as an outside investigator. I'll be glad to recommend a consultant if you need a recommendation. Or call an HR buddy from another company and see if you can hire him/her to be your outside investigator. Get him/her to render a written report as to whether any sexual harassment went on. Do not get him/her to recommend what should be done with either party. That's your company's decision and not an appropriate role for your outside investigator.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Boss Charged With Sexual Harassment - What would you do?

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