How to Eliminate a Sexually-Charged Work Environment as an Employer

When an employee complains of a sexually charged hostile work environment, the employer is under an affirmative obligation to investigate the complaint and to take steps reasonably calculated to eliminate any confirmed harassment. Failure to do so will subject the employer to liability under Title VII of the Civil Rights Act. A variety of steps can be taken to eliminate confirmed sexual harassment. Remedial options range from counseling and retraining to terminating the offending employee(s). While disciplinary options exist for different degrees of severity, the following steps should be taken in any confirmed case of sexual harassment. Read on to learn more.

Difficulty: Moderate

Instructions

Things You'll Need:

• A clearly worded policy against sexual harassment that outlines steps for concerned employees to take to report harassment
• A management team properly trained to recognize and address harassing comments or conduct

1. After a complaint has been made, interview the complaining employee to confirm the specific conduct at issue. Ascertain the names of the employees at issue and witnesses to the misconduct.

2. Thoroughly interview the complainant’s co-workers and other witnesses to the conduct at issue. Interview the reported offenders.

3. Document all interviews and findings.

4. Promptly discipline any confirmed guilty parties. Ensure that the disciplinary action is proportionate in severity to the misconduct committed and reasonably calculated to eliminate the misconduct.

5. After completing the investigation and remedial measures, follow up with the complainant to confirm that the problem has been adequately remedied.

Tips & Warnings

• If possible, the no harassment policy should provide employees with at least one male and one female management level employee to whom complaints can be made.
• For any employee found to have committed sexual harassment who is not terminated, directly counsel and warn the employee that future misconduct will result in termination. Have the counseled employee sign a written warning to this effect.
• Consider reassigning the complainant to a department where she will not interact with the employees about whom she complains.
• Federal law strictly prohibits employers from retaliating against employees for complaining of conduct that is perceived to be unlawful. Steps should be taken to ensure that the complaining employee is not subjected to retaliatory actions by any other employee.

Resources

• www.eeoc.gov