In a world where the line between genuine compliments and inappropriate behavior is becoming increasingly blurred, it is essential to navigate the delicate balance between acceptable and unprofessional (and in some cases, illegal). One topic that often sparks debate is the act of complimenting someone on their physical appearance while in the workplace. While it's crucial to recognize the nuances surrounding such compliments, it's equally important to understand that expressing admiration for someone's doesn't inherently constitute sexual harassment. And this particular instance would not be considered harassment; in this blog post, however, we will dig into an appropriate way to handle a sexual harassment complaint.
First and foremost, it’s important to create a safe and confidential complaint and reporting process. Generally, this is outlined in the Employee Handbook under “Complaint and Investigative Procedures” and should include definitions of harassment, who to reach out to, and what the process looks like.
As a first step, upon receiving the complaint it is critical that immediate action is taken. The claim should be investigated immediately and all parties are treated fairly. A fair and unbiased investigation is critical in learning the facts and making a determination about the allegation. We strongly recommend assigning this to an individual or team who is trained and has experience investigating these types of complaints. This is usually your HR leader or legal representative. During the investigation, the investigator should interview any involved parties - this may include coworkers, vendors, or clients.
Through the investigation, if it is determined that harassment did occur, appropriate corrective and/or discriminatory measures should take place. This may include any of the following:
Strict and documented warnings regarding this behavior
Changing employment terms (location, shifts, reporting structures etc.)
Training or retraining on sexual harassment in the workplace
Disciplinary actions up to and potentially including termination.
The outcome of the investigation should be communicated to all parties and thoroughly documented.
There are several measures that an employer should take to prevent any type of harassment from occuring in the workplace - this may include anti-harassment and bystander intervention training, and professional behavior training and guidance. It is also equally important to have the organization’s policies and procedures for reporting and addressing harassment in the employee manual be current and reviewed and signed by all employees.
Handling a sexual harassment claim is a delicate and sensitive process that should be handled by a trained team. It is key that employers create a culture to prevent these occurrences from taking place in the first place, but in the case that they do, it’s key to establish policies and procedures to address claims when they do come up. If your company is lacking these policies or would like a review of your current policies and procedures regarding harassment in the workplace, feel free to reach out for a complimentary call to see if we can help!