If an employee reports being sexually harassed by a co-worker, you could be on the hook for steep damages if you don’t effectively investigate and remedy the problem. You may be tempted to take drastic disciplinary measures against the harasser to ensure that you’ve met your legal obligations. But according to a new Ninth Circuit Court of Appeals case, radical sanctions aren’t necessarily required to respond appropriately.
Employer Acts On Complaint
Hattie Star was a housekeeper at the West Los Angeles Veterans Affairs Medical Center. She said that during one work shift fellow housekeeper Oliver Watson twice grabbed her shoulders and hips and squeezed her breasts. Star reported the incidents to her supervisor, James Craig, the next day. Craig immediately confronted Watson about the allegations, said they were serious and ordered him to stay away from Star. The following day, Craig reported the allegations to his supervisor, who told Craig to investigate, again inform Watson that the charges were serious and instruct both parties not to confront each other. A few weeks later, Star complained to Craig that she was afraid of Watson. But because Watson hadn’t touched her again or done anything to bother her since the incident, Craig took no further action.
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Employee Wants Harsher Discipline
Star then filed a charge with the Equal Employment Opportunity Commission. Two days after receiving the complaint, the VA transferred Watson to a different shift, which overlapped Star’s by one and a half hours. It said the change was a precautionary measure, not a disciplinary one. The EEOC found insufficient evidence of harassment and dismissed Star’s charge. Star proceeded to file a lawsuit. She charged that Watson should have been disciplined, up to and including termination, and that the VA responded inadequately to the harassment. The VA countered that it had handled the complaint sufficiently to stop the harassment and avoid liability. A trial court agreed, ruling against Star.
Employer Response Was Appropriate
The Ninth Circuit upheld the judgment. The court explained that once an employer knows or should know about co-worker harassment, it must take adequate remedial measures to avoid liability. The focus should be on whether the steps are sufficient to end the harassment rather than on whether they are disciplinary. Sometimes, counseling or admonishing the offender can be an appropriate response. In this case, the court said the VA responded adequately to Star’s complaints by counseling Watson, ordering him to leave Star alone and changing his shift as a precaution.
How To Respond
This case underscores the need to take prompt remedial action when co-worker harassment occurs. Here’s what you can do:
- Determine the appropriate discipline level. The goal is to take measures that will end the harassment. Severe disciplinary measures are not always required. It may be sufficient, depending on the circumstances, to counsel and warn the offender and perhaps separate the two parties.
- Monitor the situation. To be sure you’ve met your legal obligations, periodically check with the victim to make sure the harassment has stopped.
- Keep good records. Clearly document your investigation and remedial actions.