North Carolina Memo - Sexual Harassment Investigation Process - Workplace
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FAQ
In order for you to establish your case, you must prove all of the following elements: You belong to a protected group; You were subjected to unwelcome harassment of a sexual nature; The harassment was pervasive enough to negatively impact a privilege, condition or term of your job; and.
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.
In order for behavior to meet the standards of harassment, it must:Involve discrimination against a protected class of people.Involve offensive conduct.Include unwelcome behavior.Involve some level of severity or pervasiveness that affects your ability to work.
'Unlawful workplace harassment' is defined as unwelcome or unsolicited speech or conduct based upon race/color, gender, religion/creed, national origin, age, or disabling condition as defined by G.S. 168A-3 which creates/results in a 'hostile work environment' or circumstances involving 'quid pro quo' harassment.
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 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.
Types of Workplace HarassmentAbuse of Power. A manager can make unreasonable demands of an employee.Psychological Harassment. Psychological harassment can be overt or subtle.Online Bullying.Retaliation.
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.
Yes, your company can require you to take part in its investigation. Most likely, your company can require you to take part in its investigation. After all, the only way the company can find out what's going on -- and take steps to remedy the problem -- is by talking to the employees involved.
