• Coronavirus
  • Blog
  • Careers
  • Contact Us
The Safegard Group, Inc.
  • 1 (888) 892-7688
The Safegard Group, Inc.
  • Client Login
    • Commercial & Personal
    • Employee Benefits
  • Property and Casualty
    • M&A Services
  • Employee Benefits
    • Medical Funding Strategies
    • Technological Capabilities
    • Employee Education
    • Voluntary Benefits
  • Personal Insurance
    • Carrier Claims Reporting

Investigating a Sexual Harassment Claim

05
Nov, 2019
By Bob Manley, CPCU, CRIS
Investigating a Sexual Harassment Claim
  • Claims & Risk Management
  • No comments

Receiving a sexual harassment claim from an employee is a delicate situation. Employers must consider how they will respond to the complaint, how they will investigate the allegations and what guidelines they will use to assess the complaint’s validity. Ultimately, the employer’s response can have a significant effect on whether the employer is found liable for the alleged behavior in the event the complaint results in litigation.

Sexual Harassment Prevention Techniques

To protect your business and your employees in the event of a sexual harassment claim, consider the following actions:

  • Create a strictly enforced company policy banning sexual harassment on the job. This policy should be distributed to all employees and should define sexual harassment and state that your company does not tolerate sexually harassing behavior of any kind.
  • Determine if the conduct was actually sexual harassment by deciding if the conduct was sexual in nature and if it was unwelcome by the accuser. The organization can determine if the conduct was sexual by evaluating what was done or said, but determining whether behavior is unwelcomed is more complicated.
  • The Equal Employment Opportunity Commission (EEOC) says that sexual conduct is unwelcome when the victim does not solicit or incite the conduct in question, and/or the conduct is considered offensive or undesirable by the victim.
  • Employers wishing to determine if conduct was unwelcome need to consider every aspect of the circumstance, including the victim’s speech, clothing and whether he or she participated in the conduct voluntarily. Each of these factors alone do not necessarily dispute or constitute a sexual harassment claim, but together may invalidate or validate a claim.
  • Determine whether the conduct is considered quid pro quo or hostile working environment sexual harassment.
    • Quid pro quo: An employee requests unwelcome sexual favors for, or in return of a promotion, raise, new job title, etc. Threats of demotion, salary cuts and bad performance reviews if sexual favors are not received are also considered quid pro quo sexual harassment.
    • Hostile working environment: This constitutes behavior that a “reasonable person” would find to be “hostile” and “offensive,” according to the EEOC.
  • Conduct an investigation to determine whether the sexual harassment allegations are valid. To do so, you should already have a system in place for handling these types of situations, including:
    • Training certain employees who will receive sexual harassment claims on how to investigate
    • Protecting private information in the event that the complaint would become the subject of litigation
    • Considering any conflicts of interest between the employer, harasser, investigator and others involved in the investigation
    • Seeking legal guidance
    • Maintaining confidentiality throughout the investigation among all parties involved
    • Keeping written records of the following (at minimum):
      • Details of the complaint
      • Preliminary investigation plan
      • Responses to the complaint
      • Witness statements
      • Adjustments or amendments made
      • Investigator’s findings
      • Conclusions as a result of investigations
      • Discipline administered
      • Harasser monitoring efforts
  • Take action immediately after receiving a sexual harassment complaint to stop potentially unlawful conduct.

By adhering to these actions, employers can demonstrate that they take all complaints concerning sexual harassment seriously. In addition, should a complaint result in litigation, a jury is less likely to punish the employer for failing to act, because steps were taken to remedy the situation through an investigation.

Brought to you by the insurance professionals at The Safegard Group, Inc.

Share this:

  • Click to share on Facebook (Opens in new window)
  • Click to share on Twitter (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)
  • Click to print (Opens in new window)

Related

About Bob Manley, CPCU, CRIS

Leave a ReplyCancel reply

Categories

  • Claims & Risk Management (141)
  • Company News (73)
    • Designations (2)
    • New Hires (27)
    • Press Release (17)
    • Website (1)
  • Employee Benefits (76)
  • Personal Lines (61)
  • Property & Casualty (154)
  • White Papers (3)
    • Property & Casualty (3)

Recent Posts

  • Gambling in the Workplace December 31, 2019
  • Return to Work Program December 26, 2019
  • The Benefits of Upskilling December 24, 2019
  • Manage Cost of Risk, Control Price December 19, 2019
  • Liability from On-site Fitness Center December 17, 2019

Top Posts

  • The 3 S's of Trenching Safely: Slope It, Shore It, Shield It!
    The 3 S's of Trenching Safely: Slope It, Shore It, Shield It!
  • Warehouse Housekeeping to Improve Safety
    Warehouse Housekeeping to Improve Safety
  • Concrete Truck Safety
    Concrete Truck Safety
  • Fueling Safely on the Worksite
    Fueling Safely on the Worksite
  • Pennsylvania Anti-Indemnification Statute
    Pennsylvania Anti-Indemnification Statute
  • Backing Up Vehicles Safely
    Backing Up Vehicles Safely
  • Identity Theft
    Identity Theft
  • Liability from On-site Fitness Center
    Liability from On-site Fitness Center
  • Pennsylvania Workers’ Compensation - Employer Responsibilities
    Pennsylvania Workers’ Compensation - Employer Responsibilities
  • The Dangers of Job Site Cellphone Use
    The Dangers of Job Site Cellphone Use

Subscribe to our Newsletter

By subscribing to our mailing list you will get the latest news from us.

Latest Posts

  • Gambling in the Workplace December 31, 2019
  • Return to Work Program December 26, 2019
  • The Benefits of Upskilling December 24, 2019

Contact

  • The Safegard Group, Inc.
    100 Granite Drive, Suite 205
    Media, PA 19063
  • Phone: 1 (888) 892-7688
    Fax: (610) 892-7695
  • eassistant@safegardgroup.com

Follow Us

© 2023 The Safegard Group, Inc. | A Division of Patriot Growth Insurance Services, LLC