What should I do when an employee complains about harassment?
Employers are often quick to take action when an employee complains about harassment at work. But in their haste to investigate, employers sometimes forget one of the most important parts - speaking with the employee who made the complaint. It is critical to connect with the employee at least two times - once at the beginning of the investigation, and again as the investigation is wrapping up. Skipping these steps can make the employee feel even worse, damage trust, and hurt the overall work environment.
Here’s an example: A female employee reported being sexually assaulted by a male coworker in the company warehouse. The company did an investigation, confirmed the details of the complaint, and then fired the male employee. Unfortunately, the company never interviewed the female employee! Then they retaliated against her by banning her from the warehouse and changing her work hours. These actions made it much harder for her to do her job and disrupted her personal life. Being punished for speaking up about a sexual assault made other workers felt fearful of reporting workplace concerns after seeing how she was treated, and (not surprisingly) led to a retaliation complaint being filed against the company.
In another case, five women complained about a supervisor whose inappropriate actions were making the workplace uncomfortable for them. The company conducted an investigation and found that the complaints were valid. But then the company took a wrong turn - they ignored the women who made the complaint and they let the supervisor quietly resign, thinking it would just be "easier on everyone." Not surprisngly, the five women were upset because the company never asked them what would help them move forward from this unfortuante situation. This led to ongoing employee distrust and overall made the work environment tense for everyone.
To be clear, employers are not required to please every employee or do everything the employee wants. But if they choose to conduct a workplace investigation on their own, it is imperative that they begin the investigation by meeting with the complaining employee and giving them an opportunity to share all the details and context of their complaint. When the investigation is wrapping up, the company should meet with that employee again, share a (high-level) report of what the investigation found or confirmed, and then coordinate with the employee about what would help them feel safe and supported moving forward. This "human touch" can help the employee know that you care—and often leads to better solutions for everyone.
If your business is ever facing a workplace harassment complaint, give us a call—our team of attorneys and workplace investigators would be glad to support your business as you determine the best way to protect your employees AND your business.
