Colorado Investigating Sexual Harassment Checklist - Workplace

State:
Multi-State
Control #:
US-501EM
Format:
Word
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This Employment & Human Resources form covers the needs of employers of all sizes.

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FAQ

There are many things that a co-worker, supervisor, or employer can do that would constitute it being harassment and creating a hostile work environment. All of these likely fall into 3 categories: sexual harassment, offensive conduct, or racial/ethnic discrimination harassment.

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.

Failing to Be Thorough Performing an incomplete or sloppy investigationby failing to interview key witnesses, neglecting to review important documents, or ignoring issues that come up during the investigation, for examplecan have many of the same negative consequences as failing to investigate at all.

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.

What constitutes a hostile work environment in Colorado? The EEOC definition of hostile work environment includes unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

To qualify as a hostile work environment as that phrase is defined under federal and Colorado law, the behavior at issue must be so severe or pervasive that it alters the conditions of the employee's employment or interferes with the employee's ability to perform his or her job.

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 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.

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.

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Colorado Investigating Sexual Harassment Checklist - Workplace