What should you do if someone accuses you of harassment?
First, do not discriminate against the accused based on his or her protected class status. An accusation of harassment is not a license for unlawful discrimination. Second, conduct a thorough investigation.
What happens if an employee complains of sexual harassment?
As a result, almost all employers today have policies that provide for prompt investigations into sexual harassment complaints; and require appropriate corrective action for violations of the sexual harassment policy. In many cases, corrective action means immediate termination of the accused.
What happens if an accusation of harassment is false?
In many cases, corrective action means immediate termination of the accused. What happens if the accusation is false? The employer has an obligation to investigate harassment claims and make the best conclusions that it can about who is telling the truth.
Are there laws to protect employees from harassment?
Federal and state laws protect employees from harassment because of sex in the workplace. As a result, almost all employers today have policies that provide for prompt investigations into sexual harassment complaints; and require appropriate corrective action for violations of the sexual harassment policy.
Can a manager be accused of harassing an employee?
Employees sometimes get angry that a manager or supervisor is correcting them on a work process, claiming that this is harassment. Sometimes a manager may be rude or disrespectful, but if the employee just quits without seeking resolution, there’s no case for harassment.
First, do not discriminate against the accused based on his or her protected class status. An accusation of harassment is not a license for unlawful discrimination. Second, conduct a thorough investigation.
Can a victim of sexual harassment take the employer to court?
However, the employer runs the risk that, if the accusation was true, the victim of the harassment can take it to court. Thus, employers often take no chances. They opt for firing the accused, who has limited rights under federal and state laws to challenge their termination.
Why does an employer have to investigate a harassment complaint?
The employer has an obligation to investigate harassment claims and make the best conclusions that it can about who is telling the truth. Unless the accused admits the harassment or the complainant confesses that the complaint was false, the employer almost always has to choose between two or more competing versions of the truth.