Nebraska Checklist for Investigation Sexual Harassment - Workplace
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FAQ
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.
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.
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.
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.
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.
In order to rise to the level of illegality, hostile work environment harassment must be severe, pervasive, and reasonably offensive.
1. Talk to the Person Directly. Once the first incident of sexual harassment occurs, be very clear in letting the person know the behavior is unwelcome and ask them to stop. If the behavior continues after that, tell them that you plan to file a report with Human Resources.
If you do not feel safe talking directly to the person harassing you, start by discussing the problem with your supervisor or human resources department. Follow up by putting your complaint in writing and keeping a copy of it in case you later need it. Follow your employer's internal complaint process.
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.
