TOP TEN MOST COMMON MISTAKES BY EMPLOYERS IN SEXUAL HARASSMENT MATTERS

Here are the top ten mistakes made by employers in sexual harassment matters, in my opinion:


1.    NOT HAVING A WELL-PUBLICIZED WRITTEN HARASSMENT POLICY AND COMPLAINT PROCEDURE.


2.    NOT TAKING SEXUAL HARASSMENT COMPLAINTS SERIOUSLY.


3.    NOT GETTING A CLEAR UNDERSTANDING, PERHAPS IN WRITING, OF THE SPECIFICS OF THE COMPLAINT AND THE COMPLAINANT'S DESIRED REMEDY.


4.    NOT CONDUCTING A PROMPT INTERVIEW WITH THE ACCUSED, SPECIFICALLY WARNING THE ACCUSED AGAINST RETALIATION TOWARD THE ACCUSER.


5.    NOT ADEQUATELY DETERMINING THE INDEPENDENT WITNESSES OR INDEPENDENT EVIDENCE AND REVIEWING SAME.


6.    NOT REACHING A PROMPT CREDIBILITY DETERMINATION AS TO WHAT HAPPENED, BASED UPON THE PREPONDERANCE OF THE EVIDENCE AND REVIEWING SAME.


7.    NOT TAKING PROMPT AND EFFECTIVE REMEDIAL ACTION DESIGNED TO END THE HARASSMENT, INCLUDING REASONABLE DISCIPLINE SHOULD ANY HARASSMENT BE DETERMINED TO HAVE OCCURRED, AND DOCUMENTING SAME IN THE APPROPRIATE INVESTIGATORY AND PERSONNEL FILES.


8.    NOT INFORMING THE ACCUSED AND THE ACCUSER OF THE RESULTS OF THE HARASSMENT INVESTIGATION. MANY WELL-PREPARED COMPANIES DO THIS NOTIFICATION IN WRITING.


9.    NOT FOLLOWING UP PERIODICALLY WITH THE COMPLAINANT TO ENSURE THAT THERE ARE NO ADDITIONAL PROBLEMS.


10.    NOT TRAINING SUPERVISORS ON THE EMPLOYER'S SEXUAL HARASSMENT POLICIES AND PROCEDURES, AND DOCUMENTING SUCH TRAINING.


Remember, employment litigation is an expensive and time-consuming proposition. A company's investment of time and money on prevention of harassment in the workplace and the proper investigation of each and every harassment complaint will be well worth the time and money saved in the long term.