Texas Investigating Sexual Harassment Checklist - Workplace
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How to fill out Investigating Sexual Harassment Checklist - Workplace?
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FAQ
1. Talk to the Person Directly. Once the first incident of sexual harassment occurs, be very clear in letting the person know the behavior is unwelcome and ask them to stop. If the behavior continues after that, tell them that you plan to file a report with Human Resources.
Prohibiting employee discussions of an ongoing investigation is allowed only if the employer can show that it has a legitimate business justification outweighing the employees' rights.
Hint: the answer is usually yes. Their knowledge of law puts them in a good position to offer suggestions and identify potential law-related issues within the report. On top of being able to offer legal expertise, this reader also simply serves as an extra set of eyes.
You can take action by filing a complaint with the California Department of Fair Employment and Housing, or DFEH. You can also file a complaint with the Equal Employment Opportunity Commission, or EEOC.
Employers have a qualified privilege to divulge even defamatory information to persons who have a demonstrated "need to know" of the information such as individuals conducting the investigation or those who implement the company's disciplinary policies.
Following its December 2019 decision holding that confidentiality mandates during the course of workplace investigations are presumptively lawful, the National Labor Relations Board (NLRB) recently held that employers can instruct employees to keep an open internal investigation confidential.
Employers also may require witnesses (and even the complainant) to cooperate in their investigations. For example, in TRW, Inc. v. Superior Court, the California Court of Appeal held that an employer may discharge an employee who refuses to answer questions during the course of a security investigation.
If an employee refuses, that employee's supervisor should give a directive and order that employee to participate in the investigation. If the employee still refuses to participate, you may have grounds for discipline for insubordination, including termination.
Tell your harasser to stop. If you do not feel safe or comfortable doing this, do your best to make it clear to the harasser that the offensive behavior is unwelcome. Report the harassment to management and ask that something be done to stop it. Report the harassment to a person with decision-making authority.
If you do not feel safe talking directly to the person harassing you, start by discussing the problem with your supervisor or human resources department. Follow up by putting your complaint in writing and keeping a copy of it in case you later need it. Follow your employer's internal complaint process.
