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Now I want to speak to the employer. What should happen if a harassment complaint is made? An employer should conduct a prompt, thorough, and impartial investigation. The alleged harasser should not have any direct or indirect control over the investigation. The employer will want to carefully document in writing, detailed information of any discussions and investigation details. The investigator should interview the employee who complained of harassment, the alleged harasser, and others who would reasonably be expected to have relevant information. The guidance documents from the EEOC provide examples of specific questions that may be appropriate to ask. Before completing the investigation, the employer should take steps to make sure that harassment does not continue. If the parties have to be separated, then the separation should not burden the employee who has complained of harassment. An involuntary transfer of the complainant could constitute unlawful retaliation. Other examples of interim measures are making scheduling changes to avoid contact between the parties or placing the alleged harasser on non-disciplinary leave with pay pending the conclusion of the investigation. An employer should document harassment complaints and check those records when a new complaint of harassment is made to reveal any patterns of harassment by the same individuals. Now, like everything there is a right way and a wrong way to handle stuff, and we want to make sure that as an employer, we handle these harassment cases correctly so that we protect ourselves and the victim correctly. So, we might be asking ourselves, how should an employer correct the harassment? If an employer determines that harassment occurred, the should take immediate measures to stop the harassment and ensure that it does not ever recur. Disciplinary measures should be proportional to the seriousness of the offense, such as a reprimand up to firing the employee, and alerting authorities of criminal actions. The employer also should correct the effects of the harassment by, for example, restoring leave taken because of the harassment and expunging negative evaluations in the employee's personnel file that arose from the harassment. The employer should make follow-up inquiries to ensure the harassment has not resumed and the victim has not suffered retaliation. Here's one example of how an employer acted appropriately to a sexual harassment complaint, and I think it was a good one: A victim verbally informed her employer that her co-worker had repeatedly talked to her about sexual things and touched her in an offensive manner. The next day after the employer received the complaint, he gave the accused harasser paid time off while he investigated the incident. The employer interviewed the complainant in more detail and documented in writing the employee's responses.The employer then interviewed the accused harasser. He denied touching his coworker and saying inappropriate things, of course. Then, the employer talked to a witness. The witness stated that the accused harasser did indeed talk about sexual things frequently. The employer reprimanded the accused employee and placed him on probation. The employee was brought back to work. In addition he was warned that any further misconduct would not be tolerated and it would result in being fired. Five days later, the employer followed up with the person who filed the complaint to make sure there was no retaliation or further misconduct from the accused co-worker. You know, dynamics and diversity in the workplace is what creates innovation and excitement and a great team effort towards a common goal. But sexual harassment and things that create uncomfortable situations are not only illegal, they're extremely detrimental to the success of the company. This training's vital and important for you, the employer, as well as you, the employee, because it's the right thing to do to create an extremely effective and efficient workplace. And a place that people enjoy and look forward to coming back to. Don't let sexual harassment destroy your team or your business. End it through prevention, reaction, and follow-up.
If an employer determines that harassment occurred, it should take immediate measures to stop the harassment and ensure that it does not recur. An employer should conduct a prompt, thorough, and impartial investigation and carefully document in writing the detailed information of any discussions and investigation details.