Palm Beach Florida Memo - Sexual Harassment Investigation Process - Workplace
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Questions to Ask the Complainant: Who, what, when, where, and how: Who committed the alleged harassment?How did you react?How did the harassment affect you?Are there any persons who have relevant information?Did the person who harassed you harass anyone else?
The aim of every investigation is to determine certain basic facts: what happened, who the alleged harasser(s) were, where and when the incident took place, how the complainant's work was affected, whether anyone else witnessed the incident, whether the incident was isolated or part of a continuing practice, what the
In most cases the employer has a duty to investigate instances of harassment even where the alleged victim does not request or consent to the investigation.
According to the Equal Employment Opportunity Commission (EEOC), harassment can include offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.
Step 1: Listen attentively to allegations of harassment.Step 2: Take immediate action pending an investigation.Step 3: Investigate the harassment complaint.Step 4: Draw reasonable, good-faith conclusions about the harassment complaint.
California employers must vigorously investigate harassment complaints. An employee's complaint of harassment should trigger an investigation and corrective action, if necessary. Most California employers are subject to federal and state anti-discrimination and anti-harassment laws.
If an employee feels unsafe in their own workplace, it is important to discuss their potential claim with a Sexual Harassment Lawyer. 1- Physical Sexual Harassment. 2- Verbal Sexual Harassment. 3- Visual Sexual Harassment.
Be thorough. When interviewing, ask specific questions about the incident or complaint. For example, what did the person see, hear or experience. Take detailed interview notes, and make sure that relevant documents from the worker, alleged harasser, witnesses and the employer are collected and reviewed.
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.
The primary legal steps to contend with harassment in the workplace include telling the harasser to stop, complaining to a supervisor or the Human Resources Department, consulting an attorney, filing a complaint with the EEOC and/or the DFEH, and ultimately filing a lawsuit for sexual harassment.
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