The Aftermath of an Unproven Sexual Harassment Complaint

Susan M. Heathfield -- Expert Business Source, 2/2/2007 8:37:00 AM

For owners or managers of small- to mid-sized businesses, investigating a sexual harassment complaint involving two employees is an uncomfortable but necessary exercise. Regardless of the outcome, tension may linger long after the claim is made and its outcome determined.

Confidentiality rules prohibit the employer from discussing the investigation with any party not involved. Even witnesses are urged not to discuss the investigation. Nor can the employer communicate the findings. Consequently, a sexual harassment investigation can subtly and negatively impact the work environment in ways that are difficult to manage or address.

Even when a sexual harassment claim is determined to be without merit (or not provable), returning to “business as usual” can be difficult. To minimize any potential disruption or lingering tension, an employer should take these steps:

• Review the investigation findings with a reputable attorney (if an attorney did not participate in the investigation) to ensure that the investigation was prompt, thorough, impartial and well documented. This will limit your potential liability.

• Meet with each employee privately and confidentially to share your conclusions. Your goal is to help each employee emerge from the investigation confident that you seriously considered the allegations.

• Remind the employees that the investigation is confidential and that no retaliation will be tolerated. Also remind them that disciplinary action will occur if a false claim is discovered or if ongoing harassment accusations occur.

• Tell each employee they may want to contact your employee assistance program, if you have one, since discussion of the complaint in the workplace is prohibited.

• Since sexual harassment was not proven, even if you took interim action to separate the parties during the investigation, you may not disadvantage either employee following the investigation.

• If the accused is the complainant’s supervisor, the complainant may ask to change his reporting relationship. You need to treat this request as if the employee applied for the change for any work-related reason. Assure the employee that, when a comparable position for which he is qualified opens up, he may have the opportunity to transfer.

• You should reissue your sexual harassment policy and retrain your employees. Remind employees that you take sexual harassment charges seriously. Remind them that when sexual harassment charges are made in a timely manner, you have the best opportunity to determine their validity and take action.

A sexual harassment investigation is never easy, but when effectively conducted, the impact on employee morale will be limited, regardless of the findings.

Susan Heathfield is a management and organization development consultant who specializes in human resource systems, issues, and opportunities.