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Remember these points during a sexual harassment investigation

On Behalf of | Jan 11, 2022 | Employment Litigation |

Employees should be able to work without having to worry about being sexually harassed. When an employee makes a complaint about being sexually harassed, the employee should know that it will be handled appropriately.

One of the best ways that you can give your employees this confidence, which can help to protect your company, is to have a set protocol in place to investigate these matters. There are a few points that you should remember.

You must investigate all complaints

Any complaint of sexual harassment must be investigated, even if you think the alleged harasser didn’t do it. The investigation must be discreet, neutral and thorough. It’s probably necessary to separate the two parties in the matter. This should be done very carefully. You can’t make the accuser think that they’re being punished, but you also don’t want the alleged harasser to think they’re being punished for something that they haven’t been proven guilty of.

You must avoid retaliation

It’s illegal to take negative employment actions against an employee simply because they file a sexual harassment claim. Those employees still need to do their job duties in an appropriate manner, but they can’t be terminated, demoted, or anything similar just because of the complaint.

All employers must ensure they have the protocol in place for what will happen if an employee claims sexual harassment. Once a report like this comes into your company, you must do what you can to protect the business. Having someone working with your company who knows about these matters is one way that you can do this. 


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