Confronting Sexual Harassment Charges

With an ever increasing number of sexual harassment charges being brought up each year, it's critical for management to know what to do when it happens at their workplace. By failing to act, or taking the wrong actions, you could leave yourself and the company vulnerable to a very costly and unnecessary law suit.

Sexual harassment was first legally addresses in Title IV of the Civil Rights Act of 1964, but it hasn't been until more recent years that it became prevalent in the workplace. Legally, sexual harassment is defined as: "Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment." (From the EEOC website). This can mean everything from requesting sex from an employee in return for a pay raise or promotion, to repeatedly asking out a co-worker who has previously rejected your advances.

Because many of the specifics are undefined, the courts use a "reasonable person" standard in judging sexual harassment cases. What that means is, the courts look at the facts, and try to decide what a "reasonable person" would do.

This "reasonable person" standard also applies to management and how they handle sexual harassment complaints. How would a "reasonable person" handle the complaint? The following steps will give you a good guideline of how you should proceed when a sexual harassment complaint is brought in your department.

Every Complaint is a Serious Complaint

As you get to know the people within your department, it's easy to pass judgment on what your employees say. You first thought when a complaint is brought maybe to think the person is over-reacting, or just trying to cause trouble. It may be true, but you still must proceed as if it is a legitimate complaint.

If evidence exists that sexual harassment occurred within your department, and you ignored it, the courts could rule against you and the company in any lawsuits that are filed.

Don't Look For the Easy Way Out

One practice that unfortunately happens too often is that when a sexual harassment complaint is brought against an employee, that person is transferred to a different department. The thinking is, if the person is removed from the situation, the problem will be solved However, many times the person that was transferred behaves the same way in the new department.

When new sexual harassment charges are brought, and it becomes known that the company knew that it had occurred previously, the company becomes vulnerable to a lawsuit.

Rather than transferring your problems to someone else. Do a complete investigation to determine the proper course of action.

Check With HR For the Company Policy

Your company should have a written policy regarding sexual harassment. It should give complete instructions on the company's policy on reporting complaints, as well as who is responsible to conduct the investigation, and how that information is to be handled.

You can't assume that someone else is responsible. In fact, just the opposite is true. Unless it's clearly stated otherwise, assume you are responsible. The important thing is, review the sexual harassment policy that is in place, then follow those guidelines.

Keep Your Opinions Out of the Investigation?

We all have our own opinions; about other people, and situations and circumstances. You cannot allow your opinions to affect your investigation. This may mean taking a long look at yourself to determine if you can be unbiased in the way you conduct the investigation.

If you feel that for one reason or another you can't be unbiased, it is critical that you speak to your supervisor, or the HR Department to let them know your concerns.

Just the Facts.

In most instances, it is the manager's job to conduct the investigation. That usually means talking to the people involved, as well as any possible witnesses to try to get to the truth of what occurred.

Your job as a manager is to collect the facts; it is not to pass judgment. That will come later. If your company has an HR department, they will more than likely be responsible for determining a course of action.

Confidentiality is Key

You have to create a safe environment where people feel free to say what happened without fear of retaliation. If people are afraid to speak up, you will never be able to gather any facts. The only way to create a safe environment is to keep information regarding your investigation confidential.

Any notes or other documentation you have should be kept secure, and away from prying eyes. It is a good practice to avoid discussing the case with anyone that doesn't need the information. That includes the person who brought the complaint, as well as any witnesses.

Document Everything

Documenting everything is a good business practice to begin with, but in sexual harassment investigations it is critical. Write things down as you are speaking with people. Don't wait until later, and try to rely on your memory. Inevitably, information will be lost or taken out of context.

Not only will documentation help to ensure that the proper decision is reached at the end of the investigation, it is also helpful if one of the people involved decides to bring a lawsuit against you or the company regarding the decision that was reached.

Follow Up

Once the situation is resolved, it is critical that you follow up to make sure that the problem has stopped. This is especially true if the person that was doing the harassing is still employed by the company. You can't assume that everything was handled, and now it's over. Make sure that everything is truly back to normal, and there is no fear of recurrence, or retaliation..

Sexual harassment charges need to be taken seriously. Whether the charges are found to be true, or an over-reaction, or a case of retaliation against a co-worker, how you handle the situation will set the tone for any subsequent actions.

By conducting a thorough, unbiased investigation, and collecting well documented information, you allow those responsible for making the decisions on the course of action to make come to a reasonable decision.

Providing a safe workplace means more than just free from physical accidents. Management is a key part in making sure the workplace remains safe.