How to Handle an Employee's Complaints About Harassment

Harassment comes in many forms.

When faced with an employee's complaint about harassment in the workplace, taking quick decisive action is the best policy. Procrastination can lead the worker to feel that nothing is being done prompting her to file a complaint with the Equal Employment Opportunity Commission or go to an attorney's office, both of which can result in legal fees to you. However, this may be avoided if you can stop the harassment and restore the workplace to a pleasant work environment for all.

Instructions

1. Treat the employee with tact. Encourage her to give you all the facts as to the harassment. Request specific details about the occurrence, such as the people involved, witnesses, time of day, amount of times and the actual harassment. Discover as much information about the harassment as you can to allow for a complete investigation.

2. Contact your attorney. Explain the situation and request guidance. Follow all procedures he suggests. Keep in touch with your attorney throughout each stage of the process.

3. Document all investigative procedures by taping conversations. Transcribe the tapes and have all people involved review and sign their statements. Place the statements in a file.

4. Investigate the harassment according to company policy. Follow the procedures outlined in the employee handbook or posted in the plant. Bring in a female supervisor for a sexual harassment claim for a female complainant and include a human resources representative in all proceedings.

5. Schedule a meeting to speak with the alleged harasser. Ask him about the alleged harassment and any witnesses. Give him a copy of the company policy regarding harassment and a copy of the current law. Have him sign an acknowledgment of receipt.

6. Contact all witnesses. Ask them questions as to what they saw and their opinions. Get their statements.

7. Take corrective measures to ensure the harassment does not occur or cannot occur again. Move the "harasser" employee to a different department and discipline him if the facts support this action. Set policies in place to prevent further harassment. Inform supervisors to take proactive steps to prevent further harassment.

Tips & Warnings

• Ignore a complaint at your peril.

References

• Nolo: Guidelines for Handling Discrimination and Harassment Complaints
• U.S. Equal Employment Opportunity Commission: Small Employers on Employer Liability for Harassment by Supervisors