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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.
What Three Factors Are Commonly Used to Determine Whether Conduct is Considered Unlawful Workplace Harassment?Whether the victim tolerated the harassment to obtain or keep their job.Whether the harassment was extensive enough to create a hostile or intolerable work environment.More items...
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.
In order to rise to the level of illegality, hostile work environment harassment must be severe, pervasive, and reasonably offensive.
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.
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?More items...
And it does not matter if your harasser is the same gender as you; an employee can harass an employee of the same gender. If you have experienced sexual harassment at work, you may understandably want to avoid confrontation. But, confronting your harasser is generally in your best interest for two main reasons.
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 to rise to the level of illegality, hostile work environment harassment must be severe, pervasive, and reasonably offensive.
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.