Yesterday, we looked at textbook cases of what not to do when you receive a complaint about sexual harassment occurring on a business trip. Today, 5 tips for proper response, along with info about a valuable sexual harassment training resource.
Time Is of the Essence
Once a harassment complaint is made, act with immediacy, care, and foresight, and promptly investigate all allegations of employee misconduct on business trips.
Following these 5 simple steps may help prevent an embarrassing lawsuit:
1. Keep them apart. Do not allow contact between the alleged harasser and the victim, especially during the investigation.
But make sure the steps you take to accomplish this can’t be construed as punitive towards the victim — for example, temporarily transferring the person to another branch that’s twice as far from his or her home.
2. Stay responsive. Be responsive to complaints of continued harassment during your investigation into the initial complaint. In the James case, discussed yesterday, the employer’s lack of response was used as evidence that it didn’t take the employee’s complaint seriously.
Satisfy your A.B. 1825 training obligations, quickly and completely.
3. Think through your solution. Think long and hard before returning the employee to work under the supervisor he or she complained about, even if you determine the complaint was groundless. A company’s action may be used to demonstrate a lack of sensitivity in a subsequent retaliation suit.
4. Follow your procedures. Be sure to follow precise procedures and document the steps you take if you later decide to terminate an employee who once complained about harassment.
It should go without saying that you should never terminate someone for reasons linked solely to his or her harassment complaint, but even the appearance of this can be very damaging to an employer.
5. Watch the timeline. A termination that follows soon after the fired employee’s harassment complaint is always a tough sell in court — regardless of how the complaint is resolved. In the James case, the employer virtually guaranteed a retaliation claim by firing the employee five days after it dismissed her complaint.
Cost-Effective California Sexual Harassment Prevention and Response Training
A.B. 1825 requires California businesses with 50 or more employees to provide their managers with sexual harassment training every two years — and the requirements are fairly specific.
Our California Sexual Harassment Prevention and Response training course provides California employers with everything you need to satisfy A.B. 1825, including a 2-hour minimum course length, interactive content, expert “help link,” and employee policy acknowledgement.
The course was developed by BLR lawyers, industry experts, and instructional designers and automatically updated so you can have the confidence your training program reflects the latest regulations and workplace safety best practices.
With only a few minutes’ setup, your company will have a complete A.B. 1825 online training program with professionally developed courses, employee testing capabilities, and systematic documentation of employee training sessions and scores.
The course includes:
- Interactive, real-life scenarios and exercises
- Access to a BLR expert to answer questions during the course, via the Expert Help Link
- Ability to upload your organization’s policies, or use a sample policy provided in course
- Easy-to-use online reporting tool
- All the reports you need to be in complete compliance with A.B. 1825
|
“As an attorney who reviewed the BLR online training materials and who regularly provides sexual harassment avoidance training to managers and HR professionals, I found the content excellent and the presentation engaging. This program is a good alternative for managers who do not have the time and/or ability to attend live training.” — Allen M. Kato, J.D., Fenwick & West LLP |
Try it out now, risk-free, and be sure you’re in compliance with the stringent training requirements of A.B. 1825.
Download your free copy of How To Survive an Employee Lawsuit: 10 Tips for Success today!