By
Jeanette Coleman, SPHR & SHRM-SCP
on
Apr
02,
2018
3 min read
0 comment(s)
Question: An employee confided to our HR department about an incident that made her uncomfortable, where her supervisor made a comment about her skirt. How should we handle this?
Answer: A company has an affirmative duty... to conduct a thorough investigation every time it is made aware that harassment may be taking place in the organization. Inappropriate sexual comments, discrimination based upon gender and/or sexual orientation, and inappropriate behavior all fall under the definition of illegal sexual harassment. The Equal Employment Opportunity Commission (EEOC) and state agencies take harassment complaints seriously, and failing to conduct an investigation could leave a company subject to liability for a sexual harassment discrimination claim as well as owing damages if the company does not act immediately.
Although not every inappropriate comment will be viewed as harassment, every report of such should be treated with respect and followed up in accordance with company policy. Typically, the nature of the complaint will determine how you should begin the investigation. In the case of your employee, consider taking the following steps:
Although this type of situation can be difficult when the accused party holds a supervisory position in the company, the law still holds the company accountable for following up on complaints of inappropriate behavior, conducting a prompt and impartial investigation, and taking appropriate action if the claim is substantiated.
If the investigation does not result in a violation of company policy or harassment, the matter should still be addressed with the supervisor and others in management to ensure future issues do not arise.
Addressing harassing behavior promptly and effectively is crucial for maintaining a respectful and legally compliant workplace. When an employee reports discomfort due to inappropriate comments or actions, it's essential to take the complaint seriously, conduct a thorough investigation, and implement appropriate corrective measures. By doing so, employers not only uphold their legal obligations but also demonstrate a commitment to a safe and inclusive work environment. Proactive measures, such as clear policies and regular training, can further prevent such incidents and promote a culture of respect.
Ensure your workplace is equipped to handle and prevent harassment effectively. Axcet HR Solutions offers expert guidance and resources to help you develop comprehensive policies, conduct thorough investigations, and train your team. Visit axcethr.com to learn more about our HR services and how we can support your commitment to a respectful workplace.
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