3 FAQs to Help You Handle Sexual Harassment in the Workplace

The state of New York requires all public and private employers to implement annual training, written sexual harassment prevention policies, and specific procedures that meet or exceed the standards outlined in a model notice provided by the NYS Department of Labor and the Division of Human Rights. To help you handle claims of sexual harassment in your workplace, see these FAQs below.

1. What are the basic steps of a sexual harassment investigation?

When an employer receives a harassment claim, they have a legal obligation to examine the claim by conducting a thorough investigation. This includes the following steps:

• Select an interviewer. Typically, this person would be an impartial manager, company officer, or HR representative. They should approach the investigation process without a presumption of guilt or innocence and with the commitment to treat the situation as fairly as possible. Typically, the investigation can and should be conducted and closed within three days.
• Speak with the employee who made the complaint (if you know who they are), the accused employee, and any witnesses they name. The questions asked during the interview should not lead an interviewee toward a particular response and should not be accusatory in nature. They should be unbiased, open-ended, and prepared in advance. It’s also important not to promise a particular outcome to employees participating in the investigation.
• Once the investigation interviews are complete, document your conclusions and actions taken. If the company determines that the accused employee did in fact violate its harassment or other workplace policy, appropriate disciplinary measures may be administered. What qualifies as appropriate would depend on the severity of behavior; it may include termination of employment. A summary of the findings should be placed in the accused employee’s file.
• Inform both the accused employee and the accuser about the conclusions of the investigation and any disciplinary measures taken. The complaining employee doesn’t need to know the specific disciplinary action, just that appropriate corrective action has been taken. Remind both employees that you will not tolerate retaliation.
• In some situations, it is advisable to separate employees to limit the potential for future incidents, but care should be taken so this step doesn’t have a negative impact on the employee who raised the complaint.

In addition to the above steps, it’s not a bad idea to consult with legal counsel when you receive allegations of harassment or discrimination.

2. Do we need to investigate rumors of sexual harassment even if no one has made a complaint?

Yes, we recommend you investigate. A company always has some inherent liability in relation to discriminatory or harassing comments or behavior. The level of liability usually correlates to the nature, severity, and context of the comments, the position of the employee who made them, and what the employer does or does not do about it.

Since you have knowledge of a potential situation, we recommend you investigate the matter and take appropriate disciplinary action if it turns out your anti-harassment policy was violated. As you conduct the investigation, document the discussions you have as well as your findings, and reassure those you interview that their participation will not result in retaliation.

3. An employee has informed me that they were offended by a suggestive photo a coworker showed them. How should I handle this?

As an employer, you have an obligation to take steps to prevent harassment and deal with it thoroughly and promptly when it occurs. Since the alleged behavior may constitute sexual harassment, we recommend that you investigate the matter and put a stop to any such behavior as soon as possible.

Speak to the employee who complained, any witnesses, and the accused employee. Once the investigation interviews are complete, we recommend internally documenting your conclusions and actions taken.

If you determine that the accused employee violated the company’s harassment or other workplace policy, you should take appropriate disciplinary measures. It is then important to inform both the accused employee and the accuser about the conclusions of the investigation. The employee who made the complaint doesn’t need to know the specific disciplinary action you took, just that appropriate corrective action was taken.

Make sure that you document every step of your investigation and resulting actions taken so you can show that you fulfilled your obligations. Having a clear record will also help you ensure that similar situations are handled consistently in the future.

GTM Can Help With Sexual Harassment Training in the Workplace

Our HR consultants offer training sessions for both employees and managers/supervisors, as required by the law, and are available in Spanish language versions. Our trainings are available physically on-site at your location, in our training room, or via webinar. Prices available per session, per seat, and bundled packages.

While this training is one piece of addressing compliance, we also help you with developing policies and procedures that create internal mechanisms that support an environment free from sexual harassment.

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