Kentucky Investigating Sexual Harassment Checklist - Workplace
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FAQ
1. Sexual Harassment in the Workplace. From unwelcome and offensive comments to unwanted physical advances and requests for sexual favors, the #1 most common form of workplace harassment is familiar to us all.
An employer is required to conduct an investigation into incidents and complaints of workplace harassment that is appropriate in the circumstances. In other words, a formal complaint is not required to trigger an investigation.
Examples of harassment include offensive or derogatory jokes, racial or ethnic slurs, pressure for dates or sexual favors, unwelcome comments about a person's religion or religious garments, or offensive graffiti, cartoons or pictures.
Harassment is any unwelcome verbal or physical conduct based on any of the protected classes. Actions are considered harassing when the conduct culminates into a tangible employment action, or when the conduct was sufficiently severe or pervasive to create a hostile work environment.
Hostile work environments are created when offensive behavior, intimidation, or abuse by a coworker or superior makes an employee feel uncomfortable, intimidated, or scared in the workplace. Harassing conduct that is severe or pervasive can be part of this.
What to Do if HR Is Investigating YouShow up to the meeting with the investigating committee.Listen closely to what you are being accused of.Get professional legal advice to salvage your reputation and help you plan your next steps.Offer proof and share your side of the story.More items...
When dealing with workplace harassment your human resources department will determine how to handle the harassment complaint appropriately. For instance, if a manager makes an isolated inappropriate comment, the action may include retraining, probation, and continued monitoring.
When an employee comes to you with a harassment complaint, taking quick action is key. Inform the reporter that you are obligated to involve HR. Whether or not the employee is in danger, immediate reporting of the allegation protects them and your organization.
When an employee makes a report or complaint alleging sexual harassment or illegal harassment based on other protected characteristics like religion, race, age, disability and others, the employer has the legal duty to prevent and correct unlawful behavior, to quote state law.
A: An investigation should always be kept confidential and only those conducting the investigation should have the full details. An employer is not required or obligated to disclose who filed a concern and the specifics of the concern/complaint. You want to ensure confidentially as much as you possibly can.
