Investigating Sexual Harassment Claims

Employers have a legal and ethical duty to investigate the complaints of their workers regarding violations of their worker's right. But before this happens, they must be sure to enforce policies regarding the humane treatment of workers and fair opportunity for everyone.

To have a better investigation regarding these complaints, employees must:

• Hear out the accounts of the complainant regarding the matter.

• Never offer an opinion as to why the incident occurred.

• Decide whether the act constitutes sexual harassment.

• Talk to the accused and inform them of the case filed against them and that the company shall not tolerate any act of retaliation.

• Ask for their version of the story and facts which could prove their allegations or defense.

• Have a specific department / personnel who would handle and focus on grievances of workers.

• Identify other people who could have possibly witnessed the alleged harassment.

• Verify information and evidence provided by the complainant and the accused.

• Assure the complainant that his allegations are being investigated and that he would not be retaliated for it.

• If the complainant has filed a complaint against his direct supervisor, temporarily and discretely place the complainant under other supervisors.

• Do not disclose any information regarding the progress of the investigation. Even if the investigation has concluded, the facts regarding the incident should remain private.

• Mandate the indicated punishment for violators of employment rights.

It is their responsibility to see to it that no one is taking advantage of their subordinates within the company. This would also help in avoiding litigation wherein they will be named as one of the defendants for tolerating such acts.

Here are other reasons why the administration must act swiftly when it comes to investigating their workers' grievances:

• They would want to be free from any complaints alleging that they tolerated such behavior in the company.

• They want to assure other employees that no one can take advantage of them and that they do not tolerate unfair acts.

• High morale of a worker is good for the company as they are more productive and passionate to work.

Workers whose complaints were not entertained by their employer can file a complaint with the Equal Employment Opportunity Commission (EEOC) regarding sexual harassment.

EEOC will then investigate the allegation and issue a "right-to-sue" document if they've proven that the accused has taken advantage of the complainant. This document will allow them to bring their case to higher courts where litigation will thus proceed.

During this process, the plaintiff is expected to know the legal proceedings and so he must hire an employment lawyer who can represent his interests and prove that the amount he is seeking is justified.

To help you pursue sexual harassment claims, consult with our skilled employment lawyers. For assistance, log on to our website and dial our toll free number.