How to Handle Specific Harassment Complaints

There are general guidelines for addressing complaints of harassment from employees, but what about when the situation is more unique than just an overall complaint? Here are a couple of ways to handle specific harassment complaints.

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

A: 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.

Q: We’ve become aware of an allegation that an employee has been harassed at work, but the employee doesn’t want to file a complaint. Do we need the employee’s consent to investigate the matter?

A: No. If you or any of your managers become aware that harassment, discrimination, workplace violence, or any other illegal activity has or may have occurred, you are legally required to investigate and take steps to stop the behavior. Knowing about this kind of behavior (and taking insufficient action) can make you liable, so you should investigate and stop any questionable behavior even if the victim doesn’t want to cooperate.

That said, if the employee merely has a general gripe or complaint that seems to indicate a simple personality conflict, then you may defer to the employee’s wishes on whether to act. Minor conflicts between employees may cause discontent in the workplace, but they don’t obligate you as the employer to investigate and resolve the issue.

Download our Workplace Investigation Guide for more information on handling complaints of harassment, then learn more about GTM’s HR services and get a free quote to see how we can help you better run your business.