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What Should A Supervisor Do In Response To A Sexual Harassment Complaint?
When a supervisor receives a complaint, or otherwise becomes aware of sexual harassment at work, the first thing he or she should do is take immediate responsive action as advised by the EEOC. In general, the supervisor should thoroughly examine the allegation and take appropriate action if there is any truth to it.
In other words, the supervisor should take whatever measures are required to end the harassment and return any lost job benefits or chances to the victim. Furthermore, the guilty party should face appropriate penalties. This form of punishment may range from a mild scolding to a dismissal depending on the gravity of the conduct.
Finally, the EEOC advises that the supervisor follow up with the parties concerned to ensure that any harassing behavior has not resumed and that the victim has not been retaliated against for complaining about it.
Please contact Texas Personal Injury Lawyers at (888) 997-2148 to speak with one of our intake specialists regarding Employer’s Responsibility in A Sexual-Harassment Case.
Supervisor Responsibilities For Addressing Employee's Complaints of Sexual Harassment
Unlawful discrimination and sexual harassment in the workplace are terms used to describe mistreatment based on one’s sex. Sexual harassment can take place in the context of any kind of employment relationship, whether it’s between workers or between employees and bosses. Although a tall and sometimes ambiguous command, it’s a simple one for employers who understand workplace regulations, who enforce them, and who give serious consideration to employee complaints.
Legal Understanding Of Sexual Harassment
Supervisors can’t effectively address claims of sexual harassment from employees without first understanding workplace laws regarding discrimination and abuse. Supervisors have a duty to examine applicable laws and understand what constitutes discrimination and harassment, which is part of an employer’s initial responsibility. Employers learn how to detect behavior that is deemed inappropriate in the workplace and how to avoid sexual harassment as a result of doing so. The Equal Employment Opportunity Commission and state fair employment organizations, known as FEPAs, such as the Texas Workforce Commission provide employers with technical assistance and training on federal and state fair employment regulations.
Written Sexual Harassment Policy
supervisors should have a formal policy in place against sexual harassment – it’s usually included as part of the company’s equal opportunity policy and referred to as a form of discrimination that will not be tolerated in the workplace. A written policy should be included in the company handbook, for which a supervisor must sign a receipt and agreement with the policy. Although each situation is unique, the policy must also state that employee discipline is dependent on the circumstances.
Reporting Sexual Harassment
Making a list of the procedures that must be followed if supervisors detect behavior that is inappropriate is part of addressing sexual harassment allegations. The options include who should be informed if incidents occur. An employee who thinks she has been harassed in some way should usually speak to her supervisor or manager. If she is unable to talk to her immediate supervisor, or if the alleged harasser is her boss, she should go directly to the human resources office.
Managers and supervisors, on the other hand, have a duty to report sexual harassment to human resources personnel who are in charge of reviewing employee claims.
Sexual Harassment Liability
Employers are also responsible for ensuring that supervisors are held accountable for their behavior, involvement, and role in the workplace when it comes to sexual harassment. Supervisors can be held responsible for their own behavior or failure to respond to incidents of unlawful harassment and discrimination if they engage in illegal conduct or avert their eyes from sexual abuse. Some organizations have taken a firm position on whether supervisors are required to report and respond to instances of sexual harassment.
Sexual Harassment Investigation
Supervisors are required by law to respond promptly to claims of sexual harassment from employees. In order to address the problem, supervisors must investigate employee complaints and select the appropriate investigative action. The Equal Employment Opportunity Commission (EEOC) strongly encourages businesses to address claims of sexual harassment right away, as soon as they are received.
The Equal Employment Opportunity Commission (EEOC) initiates its own investigations into sexual harassment allegations, but it’s never a good idea to rely only on the EEOC’s work. Employers show their dedication to taking proactive measures in the face of an employee complaint investigation, despite the fact that it is a reactive step. In the situation of an employer investigation, it is essential to create a statement on behalf of the employer. Employers are obligated to notify legal counsel in the event that they do not have employee relations professional or another staff member with the competence to carry out a confidential inquiry.
Contact Texas Sexual Harassment Lawyers
Supervisors must respond promptly and justly when they are aware of sexual harassment in their departments, whether or not a written or formal complaint exists. They must:
- Take all complaints or allegations of or concerning possible or actual harassment seriously, regardless of how minor or who is involved.
- All incidents should be reported to Human Resources as soon as possible so that a thorough investigation can begin.
- Take any necessary precautions to avoid retaliation or prohibited behavior recurring throughout and after any investigations or complaints.
Supervisors who allow sexual harassment or retaliation, as well as those who do not promptly report it to HR, are in violation of the law and will be penalized. For a free case evaluation, contact Texas Personal Injury Lawyers.
Call our legal team immediately at (888) 997-2148 to schedule a free case evaluation with one of our experienced sexual harassment lawyers and it will be your initial step toward receiving fair and just compensation. We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely free.