How to Respond to a Sexual Harassment Charge

Sexual harassment charges can wreak havoc in a workplace. Between gossip, discomfort and possible negative publicity, a company’s reputation can suffer. When you handle a charge of sexual harassment the right way--whether it is about someone you work with, who works for you or even yourself--the stage is set to minimize damages to company and employee reputations.

Difficulty: Moderately Challenging

Instructions

1. Take the complaint seriously. Every complaint of sexual harassment is an opportunity for a company to improve the work environment. When you don’t hear about a problem, or don’t respond the right way, and it gets worse the employee can get upset enough to file a charge or lawsuit.

2. Listen objectively to the person without giving your opinion about what they are saying. Listening is the first step for an employee to know that someone in the company cares about the workplace.

3. Review the company policy about sexual harassment. It can be helpful to have a copy to read and give to the employee who makes the complaint.

4. Write down all of the facts. Just write what the employee tells you. Include dates and names when you hear them. “On Tuesday, November 27, 2007, John Smith told me that his boss, Sue Jones, asked him out for a date on November 22.”

5. Act quickly to tell Human Resources or your boss about the complaint. Be thorough with the information that you give. If two employees were involved don’t leave out the name of one because they are a really good friend of yours and you don’t think they meant any harm.

6. Cooperate with any investigation. This may include being interviewed about the situation, finding and providing information and being available for meetings.

Tips & Warnings

• Don’t discourage employees from making a charge or complaint. Never tell someone “I think you’re taking this the wrong way” or “Let’s give it some time and see if he stops.” At the same time don’t ask the employee “Did you tell her no?” An employee does not have to protest to claim sexual harassment.
• Don’t promise anonymity. If an employee comes to you with a complaint and asks you not to tell anyone you have to tell them that you can’t do that. They may not be the only person having the problem and an employer has a responsibility to investigate all complaints of sexual harassment. Tell the employee that only those people who have a need to know will hear about the complaint. Don’t spread gossip or tell anyone about the complaint who does not have a need to know, even if they swear to secrecy.
• Don’t add your own personal comments to any notes. When you write down information never add, “I believe Frank because he's a really good guy.” Any comments could compromise an investigation and be taken the wrong way. Never put anything about sexual harassment claims in email messages.