Today’s post continues the information presented by Anita York at the Greater Harbor Area Employment Advisory Council seminar on the topic of sexual harassment. The protected categories were discussed in the last post which can be found at https://affordablebookkeepingandpayroll.com/?p=1857.
If an employee feels they have been the victim of sexual harassment, they will most likely come to their supervisor to file a complaint. So what is your responsibility (or your manager’s) when a complaint is filed?
- Create a safe environment for the employee to speak to you about his or her concerns
- Ensure the meeting is in a private location.
- Be a patient and considerate listener.
- Allow the employee to tell you what happened.
- Be prepared to discuss confidentiality. In most cases, you cannot agree to confidentiality, however, only those individuals with a “need to know” should be involved in the report.
- Receive the complaint without bias regarding the guilt, innocence or motivation of any party. Listen without passing judgment or giving the impression that you agree or disagree with what the employee has reported to you.
- If you are not the person who will be investigating the complaint, it is not your job to interview the employee or to obtain detailed information. Your job is to listen to the employee and then refer the matter to Human Resources or the appropriate person/department.
- Take every complaint seriously.
- Don’t try to distract the employee or lighten the mood.
- Explain to the employee that the company takes these matters very seriously and that his or her concerns must be communicated to Senior Management or Human Resources (if applicable to your business), and once the report is received by them, they will follow up with the employee.
- Take notes! You will be asked to prepare a detailed report of the conversation. Include everything the employee reports to you as they reported it, including any witnesses or potential witnesses identified by the employee.
- Immediately contact Human Resources or the appropriate person/department. If you are not the one who will be responsible for the investigation:
- Don’t handle it yourself
- Do not discuss the matter with the accused individual
- Once you have referred the matter to the proper person/department, maintain confidentiality regarding the complaint unless instructed otherwise.
If an issue arises in your company and you need assistance, contact Anita York, partner with Scott & Whitehead. She can be reached at 949-222-0166 or [email protected].
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