Addressing Employee Harassment Complaints By Amy Robinson, JD, SPHR, SHRM-SCP It is not uncommon for an attorney to receive urgent telephone calls from employers who have been confronted with allegations of co-worker harassment and are scrambling to figure out what to do next. Understandably, the mere word “harassment” often fuels anxiety and frustration for everyone involved: the employee may feel entitled to a meaningful, and often immediate, solution to what he or she perceives to be unreasonable and offensive behavior; the manager, often in the dark about the source of the concern, immediately imagines a long, contentious battle in the court of law and a potential public relations nightmare. Often the conduct being complained of, while problematic from an employee’s perspective, does not constitute unlawful harassment as defined by law. This does not mean that the issue should be ignored, of course, but it may affect how formally an employer should respond and what remedies are available to the employee. When it does constitute unlawful harassment, however, often the “worst case scenario” of a contentious courtroom battle
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can be avoided by responding promptly and appropriately to the employee and properly addressing the source of his or her dissatisfaction. With that in mind, here are some guidelines for managers and supervisors to consider when a subordinate alleges, or appears to allege, problem behavior by a co-worker that may constitute unlawful harassment: Refer to Your Written Harassment Policy An effective harassment policy should clearly outline the procedure for dealing with internal complaints of harassment. It should also include: j A commitment to protect confidentiality to the extent possible under the circumstances, without promising absolute confidentiality; j A commitment to take prompt and effective remedial action if the employer determines that harassment has, or may have, occurred; and j A commitment to protect employees who raise complaints in good faith from retaliation.
SOUTH DAKOTA MUNICIPALITIES
