Harassment Complaint: Investigating When Employees Decline Action
May 24, 2023
Yes, you should still investigate the harassment complaint. Not investigating could expose you to legal risk if more employees come forward with complaints, if the employee later decides to take their complaint to a state or federal agency, or if the harasser continues to harass. As an employer, it is your utmost responsibility to ensure that your workplace is free from any form of harassment and that any reported issues are taken seriously.
When addressing the employee who made the complaint, it is important to be transparent and empathetic. Let them know that you are committed to creating a harassment-free workplace and that you need to investigate the issue to ensure the safety of everyone involved. Assure them that their name will be kept confidential as much as possible and that any form of retaliation will not be tolerated.
In addition, it is important to create an environment where employees feel comfortable reporting issues without fear of repercussions. Consider providing an anonymous reporting system if employees are hesitant to report issues due to potential repercussions. This will not only encourage employees to speak up but also help you address any issues before they become larger problems.
Remember, taking the necessary steps to investigate a harassment complaint is not only crucial in avoiding legal risk but also in promoting a safe and inclusive workplace for all employees.
This Q&A does not constitute legal advice and does not address state or local law.