A 1999 survey by the Society for Human Resource Management found out that 97
percent of companies have a written sexual harassment policy and 62 percent
offer sexual harassment prevention training programs. Every organization that
has a policy on sexual harassment should emphasize that such an act won’t be
tolerated and will be investigated.
The law directs that whenever someone complains of sexual harassment, an
immediate investigation of the charge should occur. The employer has a legal
and ethical obligation to take each complaint seriously and thoroughly
investigate the charges. An organization, having a sexual harassment policy in
place, generally goes about the complaint in the following way:
As soon as a complaint of sexual harassment is
received, the employer assures the victim that reporting the incident was his
or her most appropriate action and that he or she is safe from retaliation.
Assigns a staff member to the case, who is
knowledgeable about the organization and its employees.
Asks the victim to
immediately inform if he or she experiences any retaliation, threat or
continued harassment from the accused directly, or indirectly through
someone else.
Encourages the victim to tell the whole story in
his or her own words. Listens and takes down the details, such as dates, times,
situations, witnesses, and anything else that seems relevant.
Informs the accused about the complaint and
warns him or her against indulging in retaliation or unethical actions.
Assures both the victim and the accused of a
fair and just investigation.
Chalks out a plan to investigate and interview
the accused and any potential witnesses by asking open-ended questions that
seek to support or disprove the victim’s allegations.
Having completed the investigation, takes a
decision on whether sexual harassment occurred or not. For arriving at this
decision, the investigator may consult other colleagues too.
On the basis of the findings, takes disciplinary
action against the offender, as spelled out in the company’s policy. To prevent
further harassment, adjusts working situations fairly and in such a way that it
is comfortable and productive for all.
Files the case and ensures that no further
incidents of this nature occur.
Having said this, it is important to state that no situation can be
perfectly investigated. Even when harassment may have occurred, there may be no
facts or witnesses that corroborate a victim’s statement. If the victim is not
entirely satisfied about the investigation, he or she also has the option of
obtaining legal counseling outside the workplace. However, this may entail
finding out about individual state guidelines and the remedies under the civil
law.
It may also be of advantage to know that the Supreme Court has given an opportunity
to the employers for defending themselves against a sexual harassment lawsuit.
The employers only need to show that they took reasonable care to prevent and
correct any sexual harassment behavior within the workplace, and that the
employee unreasonably failed to take advantage of any preventive or corrective
opportunities provided by them. So, be sure about your actions before you get
involved in litigation against the organization or it may prove even more
harassing than the sexual harassment itself!