July 10, 2015
HARASSMENT RESPONSE MECHANISM
NOTE: The title of this procedure is "harassment" response, not “sexual harassment" response. Applies across the board.
KNOW WHAT YOUR RESPONSIBILITIES ARE.
RULE NO. 1: Take all complaints and incidents of harassment seriously.
RULE NO. 2: Follow the chain of command mechanism. Do NOT attempt to handle a harassment situation by yourself. Get help.
RULE NO. 3: Act promptly and effectively. Do NOT wait. Separate the parties if necessary and get help immediately.
1. A supervisor or lead person learns somehow that harassment may have taken place. Such knowledge may come in many forms:
a. Witness incident.
b. Someone complains to you.
c. You overhear a conversation.
2. Once you have knowledge that harassment may have taken place, you must inform the Human Resources Department immediately.
a. Waiting is not an option.
b. Handling the situation yourself is not an option.
c. If Human Resources Department personnel are unavailable, go to the office and contact upper management.
d. In instances where the parties need to be separated, do so immediately before you get help.
3. The Human Resources Manager is to perform a prompt and thorough investigation. If necessary, the parties are to remain
separated during the investigation process.
4. If the Human Resources Manager has questions or is uncertain about any aspect of the investigation process or how to properly handle the situation, she is to contact upper management immediately.
5. The Human Resources Manager is to let the supervisor and/or lead person know the outcome of the investigation.
6. Appropriate feedback will be provided to the complaining party explaining what action the Company took in response to his/her complaint. Additionally, explain that any further harassing or retaliatory conduct should be reported immediately.
Investigations
1. When should an employer conduct an investigation?
- The duty to investigate arises when an employer has knowledge that harassment may have occurred. The source of the information may come from several sources. In the most obvious case, the victim may complain about harassing conduct. In other instances, another employee may report that a supervisor or other employee is harassing an individual. An employer may also learn of harassing conduct, by observing the workplace first-hand.
- Regardless of the manner in which the employer learns of the harassing conduct, the employer should take action immediately. To be useful in the employer’s defense, remedial action must be prompt. In other words, PROMPT AND EFFECTIVE REMEDIAL ACTION.
- The Complaint Procedure
2. Step One: Conducting the interview of the harassee.
3. Step Two: Interview the alleged harasser.
4. Step Three: Interview witnesses.
5. Step Four: Interview the complainant again.
6. Make a determination as to whether harassment occurred.
7. If you decide no harassment took place:
a. inform the complainant.
b. meet with the complainant to tell him/her that based on the information that was provided during your investigation, you do not have enough evidence to verify that harassment occurred. Ask complainant whether there is any additional information that was not provided before that would have a bearing on your decision. Tell the person again that the Company is strongly committed to providing its employees with a work environment that is free from harassing conduct. Let him/her know that if, in the future, he/she believes that he/she is being harassed, such conduct should
be reported immediately. Sit down with the alleged harasser and material witnesses and review the EEO and anti-harassment policies with them --- perhaps, depending on the circumstances, conduct special training.
8. If you decide harassment took place:
a. Take prompt remedial action.
i. Unless the complainant has requested it, do not transfer the complainant. A transfer may be
construed as a negative employment action taken against the complainant that risks liability for
retaliation.
ii. Several factors should be considered in fashioning a punishment for the harasser.
1. Egregiousness of the conduct.
2. Position of the harasser and complainant (i.e. supervisor/subordinate).
3. Harasser's disciplinary record, especially with respect to other occasions of
harassment.
4. Suggested punishment elicited from complainant.
5. Punishment given for similar offenses.
9. Meet/communicate with the harasser to communicate the decision.
10. Meet/communicate with the complaining party.