On October 14, 2006, Harvey Pye, Principal at CorePursuit, Inc., gave a talk in San Francisco, CA on sexual harassment policies and investigating complaints.
When creating a policy on sexual harassment, the employer should include a clear statement prohibiting harassment. The policy should be published widely and often. The policy should be included in the employee handbook. Discuss the policy during employee orientations, and reinforce the policy with periodic training. Training methods may include brown bag lunches where there are informal discussions, or periodic newsletters.
When investigating harassment complaints, the employer should be familiar with its policy. Address situations immediately. Communicate well during the investigation in order for the accused and accuser to cooperate. Treat complaints seriously. Satisfactorily resolve complaints timely. Sexual harassment claims are personal issues to the accuser who feels violated and the accused. Never automatically terminate an accused without investigating. Such a termination may lead to wrongful discharge claims. Keep documents from investigations in employee relations files that are separate from personnel files.
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