Many managers think they can ignore sexual harassment until there’s a formal complaint, but that’s a dangerous course. In fact, the opposite is true: Most experts recommend encouraging complaints.
“Encourage complaints? Don’t I have enough to deal with without begging for more hassles?” We hear you, but the bottom line is this: Dealing with complaints up front is far better, easier, less expensive, and less time-consuming than dealing with them in court.
So, yes, encourage complaints. Indeed, you may wish to charge each employee, at every level, with the responsibility to report harassment.
You want employees coming to you early on when you can still do something about the problem, rather than wait for the complaint to go to an outside attorney. At that point, it’s often too late to find a quick solution.
Quick Intervention May Avoid Suit
Very often, at the early stages, with an apology and a quick intervention by HR, a problem can be solved. But if it festers, is repeated, and no action is taken, corporate loyalty evaporates quickly, replaced by an “I’ll show them” attitude that is not easily turned.
By the way, say experts, you need a good complaint system even if employees do not take advantage of it. This is because of the so-called “affirmative defense,” which may give employers a safe haven if there was a complaint system in place and a harassed employee failed to take advantage of it.
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The bottom line is that your policies, actions, and training should make it clear to any outside investigator, court, or jury that you had a system in place, that the employees knew about it, and that they knew how to access it.
Hallmarks of a Good Complaint System
Here are the keys to a good complaint system:
- Easy to access. Employee should be able to access the system and present a complaint with ease. (For example, in a three-shift company, don’t have only one person who can take complaints, leaving two shifts without a contact person.)
- Multi-channel. All systems need more than one channel, partly to grant ease of access, but primarily so that if one channel is the person doing the harassing, the employee will have another option.
- Well-publicized. Make sure that all employees are trained on how to use the system. Document the training sessions.
- Up to date. It is surprisingly easy for complaint systems, especially if not used often, to become obsolete. For example, the employee calls the number listed for complaints and hears, “He’s no longer here” or “This line is out of service.”
- Confidential to the degree possible. It should be easy to file a complaint privately. However, in general, do not promise complete confidentiality to a complainant, because you’re not likely to be able to keep that promise if you will be doing an investigation.
- No retaliation. Employees won’t use the system unless they are confident their job, standing, and future with the company will not be adversely affected because they have come forward with a harassment complaint. In particular, they need to be certain they will be treated fairly when making a complaint against a person in authority (their supervisor, etc.).
Only the First Step
Remember, accepting the complaint is only the first step. Once complaints are received, you need quick follow-up, with an investigation, if necessary, and discipline or other action (changing locations, reporting relationships, etc.) as dictated by the situation.
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Lots of Complaints a Good Sign
If you get a lot of complaints, that’s sort of the good news—the program is reaching its audience and providing an internal mechanism that is well-perceived by employees. If complaints are handled fairly and efficiently, trust will be built. Morale will go up, valuable employees who might otherwise leave as the result of harassment will be retained, and lawsuits will be avoided.
In tomorrow’s Advisor, we’ll cover who should take complaints, and offer a sample harassment complaint form.
Related Articles:
Invoking the Slippery ‘Affirmative Defense’ to Harassment
Finding the Safe Haven from Harassment Claims
Managers’ Myths about Sexual Harassment
It’s Checkup Time for Your Sexual Harassment Complaint Procedures