Puerto Rico Checklist for Investigation Sexual Harassment — Workplace Introduction: Sexual harassment in the workplace is a serious issue that affects individuals and organizations. To effectively address and investigate sexual harassment claims, Puerto Rico has developed a comprehensive checklist that outlines the necessary steps and considerations. This checklist aims to ensure a fair and impartial investigation, protect all parties involved, and promote a safe work environment. Below, you will find a detailed description of the Puerto Rico Checklist for Investigation Sexual Harassment — Workplace, along with various types of checklists that address specific workplace contexts. I. Reinvestigation Phase: 1. Employee Complaint: — Obtain a written complaint from the affected employee(s) or their representative. — Ensure confidentiality and non-retaliation assurances. — Provide information on available support resources. 2. Determine Jurisdiction and Applicable Law: — Identify the governing laws and regulations related to sexual harassment claims in Puerto Rico. — Assess how federal laws such as Title VII of the Civil Rights Act and local laws interact. 3. Organize Investigation Team: — Appoint qualified individuals to conduct a thorough and unbiased investigation. — Ensure team members have training in handling sensitive matters and possess knowledge of relevant laws and regulations. 4. Develop Investigation Plan: — Prepare a comprehensive plan that outlines the scope, timeline, and methodology of the investigation. — Specify the roles and responsibilities of each team member. II. Investigation Phase: 1. Collect Information: — Interview the complainant, respondent, witnesses, and any relevant parties separately. — Gather written statements, documents, emails, or any other evidence related to the incident(s). 2. Preserve Evidence: — Implement measures to prevent alteration or destruction of any potential evidence. — Secure digital data, physical objects, and any documentation that may support the investigation. 3. Assess Credibility: — Evaluate the credibility and consistency of statements provided by all parties. — Consider the demeanor, motives, and relevant past conduct of those involved. 4. Conduct Document Review: — Examine personnel records, performance evaluations, email communications, or any documented evidence that can affirm or contradict the claims made. 5. Identify Patterns: — Look for patterns of harassment, past complaints, or other incidents involving the parties concerned. — Evaluate whether the alleged behavior fits the definition of sexual harassment. III. Post-Investigation Phase: 1. Draft Investigation Report: — Prepare a comprehensive report that includes findings of fact, analysis, and recommendations. — Document relevant evidence, interviews conducted, and the investigative process followed. 2. Communicate Findings: — Share the investigation report with the appropriate parties, including complainant(s), respondent(s), and relevant supervisory personnel. — Discuss the possible courses of action based on the outcomes of the investigation. 3. Remedial Actions: — Implement appropriate corrective measures, which may include disciplinary action, training, policy revision, or organizational changes. — Ensure the complainant's safety and protection from retaliation. 4. Follow-up and Monitor: — Regularly check-in with the affected employee and others involved to ensure the effectiveness of implemented measures. — Maintain records of follow-up actions taken and their outcomes. Types of Puerto Rico Checklists for Investigation Sexual Harassment — Workplace: 1. Puerto Rico Checklist for Investigation Sexual Harassment — Private Sector Employees: Specifically tailored for private sector workplaces in Puerto Rico, this checklist focuses on the unique considerations and regulations applicable to those working in non-governmental organizations. 2. Puerto Rico Checklist for Investigation Sexual Harassment — Government Employees: Developed for public sector workplaces in Puerto Rico, this checklist addresses the additional legal and administrative requirements when investigating sexual harassment claims in governmental organizations. 3. Puerto Rico Checklist for Investigation Sexual Harassment — Educational Institutions: Designed for educational institutions, such as schools and universities, this checklist caters to the specific challenges faced within the academic and student-focused environments. 4. Puerto Rico Checklist for Investigation Sexual Harassment — Healthcare Industry: Tailored for healthcare providers, this checklist considers the distinct dynamics, power structures, and legal obligations unique to the healthcare sector. By following the Puerto Rico Checklist for Investigation Sexual Harassment — Workplace that is most applicable to their specific context, organizations can ensure a fair, transparent, and effective investigation process while combating sexual harassment and promoting a safe work environment for all employees.
Puerto Rico Checklist for Investigation Sexual Harassment - Workplace
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How to fill out Puerto Rico Checklist For Investigation Sexual Harassment - Workplace?
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FAQ
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.
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.
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.
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.
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.
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.
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 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.
Section 403 of PROMESA modified Section 6(g) of the Fair Labor Standards Act (FLSA) to allow employers to pay employees in Puerto Rico who are under the age of 25 years a subminimum wage of not less than $4.25 per hour for the first 90 consecutive calendar days after initial employment by their employer.
