When harassment accusations arise in the workplace, what you say or—sometimes even more importantly—what you don’t say can make the difference between problem resolution and a lawsuit, says attorney Julie A. Moore.
Oftentimes, the initial reaction of the manager is to ignore the situation, hoping it will improve on its own. That’s not going to happen. A plan for immediate and effective communication provides the best chance to mitigate workplace distress and avoid employment litigation, Moore says.
Moore, who is president and founder of Employment Practices Group in North Andover, Massachusetts, offered her suggestions at BLR®‘s National Employment Law Update, held recently in Las Vegas.
You’ve been accused of sexual harassment, and the company has to investigate
Mary, one of the twenty-something administrative assistants, has been with the company for almost two years. She approaches you in tears and complains that Scott, a department manager who has been with the company for almost a decade, has been harassing her with ongoing remarks about her looks. She also accuses him of insuating that if she really wants to get ahead in the company, she should go out with him.
You need to talk with Scott and let him know that a complaint has been filed about his behavior, and the situation is going to require an investigation.
Your first step is to gather and organize your notes from your meeting with Mary, and obtain any other information relating to the complaint, Moore says. Contact Scott to schedule an appointment for a face-to-face meeting, and let him know that a complaint has been filed regarding his behavior.
Before the appointment, you will want to review the company’s policy on sexual harassment and a have a copy with you during your meeting with Scott. See if any procedure exists as to conducting internal investigations.
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Your discussion with Scott needs to be direct, straight-forward, and non-judgmental, Moore says. At this point, consider that you have two potential victims—Mary and Scott. You’ll explain to him that the company is obligated to investigate any allegations that implicate the sexual harassment policy and, at this point, you are gathering information toward assessing the validity and severity of the complaint.
After describing the behaviors that Mary believes create a hostile working environment, give Scott an opportunity to describe his version of the events, and elicit any information that would rebut Mary’s version. Since this is an information-gathering session, you are collecting rather than answering specific questions.
At this point in the meeting, you will want to articulate the company’s policy, mentioning that the investigation is necessary to protect all parties. Its purpose is to either validate the complaint or to determine that there is insufficient reason to proceed further.
In terms of Scott’s behavior, he needs to be told to stop immediately the behaviors that Mary has described, if in fact the allegations are true. Harassment is about the victim’s perception, not the perpetrator’s intent. If the investigation reveals that the complaint has merit, Scott needs to know that this could lead to the termination of his employment. In terms of clear communication, your obligation is to ensure that Scott is fully aware that, should this result in a lawsuit, both he and the company could be named and potentially legally liable.
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What you don’t say: You don’t express any opinions on what or whom you believe, nor do you provide answers to any questions that are not addressed in the company’s written policy. Avoid any discussion about other cases or similar situations. This applies to body language and facial expression, as well as your spoken words.
If Scott has questions that fall outside of the policy, write them down and encourage him to give serious thought to the allegations. If questions occur to him later, he should write those down and send them to you. He should leave this meeting with the perception that it was an exchange of information. Let him know that he will be apprised of the next steps in the process, and then document the meeting in detail for your files.
In tomorrow’s Advisor: Moore’s specific do’s and don’ts for harassment investigations, plus an introduction to a unique 10-minutes-at-a-time training system for your supervisors and managers.
This is great for when the complaint is valid, but what are the steps when the complaint is determined to be false? Any actions that can be taken against the employee for the false accusation?
thanks!