Sexual harassment is the final issue that employers need to address. Sexual harassment can be either quid pro quo (submit or face the consequences), or it can be an accumulative effect of many events that lead to a hostile work environment. In either situation, and regardless of whether it is the employer or an employee that is causing the harassment, the employer is liable for damages caused by such actions especially if they know about the situation and fail to take action. To reduce the chance of facing a sexual harassment suit employers should take the following actions for every complaint of sexual harassment that they receive regardless of how insignificant it seems:
Investigate every complaint.
Draw up a written organizational policy for sexual harassment that states the company prohibits any and all sexually harassing behavior, and that outlines how a person should file a complaint, and how the company will respond to complaints.
All complaints must be kept confidential to reduce retaliation and further hostility.
Actions must be taken to protect the accuser and the accused during the investigation.
The company needs to provide both sides of the situation with due process and allow both sides of the situation to be heard before making any decisions or assignments of guilt or innocence.
All findings and final decisions need to be put in writing and given to both sides of the complaint.
The company needs to make sure that the punishment fits the crime. Otherwise other law suits for wrongful termination or other discriminatory suits may follow.