Sexual Harassment Policies, Procedures & Investigations

Any business which has one or more employees should develop a handbook for its employees which sets forth the company’s policies and procedures. These policies and procedures should include a detailed policy statement prohibiting sexual harassment.

An employer may avoid civil liability under some circumstances if (1) the employer has a written, detailed sexual harassment policy which has been distributed to its employees; (2) the policy includes an investigation procedure; and, (3) the employer conducts an investigation pursuant to the policy.

Any investigation relating to a complaint of discrimination, particularly sexual harassment, is difficult because generally both the victim and the accused are employees. As such, the employer owes certain duties to both, and generally wants to resolve the matter to everyone’s satisfaction and without the loss of either employee. But the employees certainly have conflicting interests, and the victim is often emotionally charged and upset with the victim. Often, the offending employee is unaware of the allegation, or does not understand why his conduct was improper. Many of these incidents occur without witnesses, making the investigation of the complaint even more difficult, and a favorable resolution more improbable.

The investigator must understand the law, must understand and abide by the company’s policies and procedures, and must be capable of investigating the complaint with neutrality and compassion. He also acts as a teacher of sorts, educating those he talks to about the company’s policies, and why certain conduct is improper. Often it is the investigator’s ability to communicate which prevents the loss of an employee, and the filing of a civil lawsuit for damages against the employer.

Ralph D. Hughes has helped many small and medium size businesses in the development and implementation of effective sexual harassment policies, and has, on behalf of the employer, investigated many discrimination and sexual harassment complaints. Having spent 12 years in law enforcement, having conducted over 500 fraud investigations since 1999, and having conducted thousands of interviews, he has the experience and temperament to effectively conduct these investigations with compassion and respect.