Massachusetts Investigating Sexual Harassment Checklist - Workplace

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

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FAQ

In an incident investigation, ask clarifying questions about what occurred, who was involved, when and where the events took place, and how the victim felt. Focus on understanding the context and implications of the behavior. The Massachusetts Investigating Sexual Harassment Checklist - Workplace can assist you in formulating questions that cover all essential facets of the incident. This approach ensures a comprehensive understanding of the event.

During the investigation, avoid making assumptions or inflammatory comments about the parties involved. Steer clear of being overly emotional or confrontational, as this can bias the investigation. Following the Massachusetts Investigating Sexual Harassment Checklist - Workplace helps ensure that you focus on facts rather than opinions.

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.

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.

Examples of harassment in the workplace include derogatory jokes, racial slurs, personal insults, and expressions of disgust or intolerance toward a particular race. Abuse may range from mocking a worker's accent to psychologically intimidating employees by making threats or displaying discriminatory symbols.

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.

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.

Harassing behavior may include, but is not limited to, epithets, derogatory comments or slurs and lewd propositions, assault, impeding or blocking movement, offensive touching or any physical interference with normal work or movement, and visual insults, such as derogatory posters or cartoons.

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.

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.

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Massachusetts Investigating Sexual Harassment Checklist - Workplace