Sexual Harassment Lawyer
What to Do When Your Employee Makes a Sexual Harassment Claim?
If you are an employer, working in the HR department or in management, then you may be asking what to do when your employee makes a sexual harassment claim. There is no reason to panic, but the claim should be taken seriously, and some steps should be followed accordingly. These claims are very serious and require a thorough investigation going forward to ensure that your employees are complying to the sexual harassment policies of your company as well as complying with federal and California state laws.
Steps to be Taken
Some of the key steps that should be followed if an employee has made a sexual harassment claim are as follows:
- Listen to the employee and take their claim seriously.
- Make sure the employee knows that a sexual harassment claim is required by law to be heard and followed through on.
- Make sure they understand their claim is confidential and that if the company in any way is seeking to retaliate against them to let HR know.
- Investigate thoroughly by speaking with fellow coworkers about the accused action.
- Document the investigation findings at every step.
- Keep the investigation as fair as possible to both accuser and the accused.
- Seek Legal Counsel if needed.
By following these steps, you seek to ensure that the investigation is as fair and private as possible. Remember to keep the confidentiality of the accuser and the accused and to document your findings.
The Necessity of Conducting an Internal Investigation
The feelings and respect for the employee making these claims should be taken seriously. A thorough and proper investigation should take place interviewing coworkers and looking into the claim as best as possible. Let the person who made the claim know that they should not fear retaliation from the company as that is something unlawful and punishable by law depending upon the circumstances. Keep their claims as confidential as possible and when interviewing other person(s) be sure to make it as private as possible.
Is Legal Counsel Needed?
Legal representatives that practice sexual harassment law are not mandatorily needed in a sexual harassment claim, but can certainly offer some useful assistance. With their experience and knowledge, they can navigate the possible case through evidence and documentation of the harassment claim. If you think that legal assistance would be useful for you, then contacting a sexual harassment lawyer from Levine Law APC may be of the utmost use to you.