Missouri Memo - Sexual Harassment Investigation Process - Workplace
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FAQ
The statute is 565.225, RSMo. Harassment is conduct that includes unwanted communication that may be threatening, intimidating, frightening or causes emotional distress to another person.
Inform the complainant. Tell the complainant the results of the investigation and corrective action plan. If your findings substantiate her complaint, attempt to secure her acceptance of the action plan.
A proper investigation must:Gather information.Search for and establish facts.Isolate essential contributing factors.Find root causes.Determine corrective actions.Implement corrective actions.
Discriminatory harassment affects a term, condition, or privilege of employment if it is sufficiently severe or pervasive enough to alter the conditions of a plaintiff's employment and create an abusive working environment. Alhalabi, 300 S.W. 3d at 527; Hales, 886 F. 3d at 735.
These HR investigation questions can help you gather the most useful information from your witnesses:What did you witness?What was the date, time, and duration of the incident or behavior you witnessed?Where did it happen?Who was involved?What did each person do and say?Did anyone else see it happen?More items...?
Here are three types of workplace harassment, examples, and solutions to help you educate your employees for preventing workplace harassment.Verbal/Written.Physical.Visual.
Some options to explore for addressing the conduct of a harasser and preventing future harassment include: imposing discipline or corrective action; reassignment; demotion; or requiring harassers to attend specific training or counseling sessions. The goal is to make the harassing behavior stop.
Missouri's Human Rights Act makes it illegal for an employer to subject any worker or candidate for employment to discrimination and harassment based on who they are. Workplace harassment includes any activity that makes workers feel uncomfortable or threatened.
Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history).
Unfortunately, one of the reasons it is so pervasive is that it is so hard to prove. Proof can be extremely important in such cases for many reasons. It can make it harder for harassers to deny their behavior and avoid consequences. It can also make it harder for a business to simply ignore the behavior or cover it up.
