Sexual Harassment
Ten Ways Employers Get Themselves Sued (Part One)
Take care of yourself! In medicine, sometimes the practices that get people in trouble are pretty simple. Too many nachos, and not enough leafy greens. You’d rather binge-watch Seasons 1-3 of Stranger Things than go for a walk. You hate needles, so you haven’t been to the doctor in 20 years. The same principle often applies…
Read MoreDon’t Oversimplify Acknowledgments of Harassment Training
Signatures of attendance alone are not enough for some employers Employees’ acknowledgments that they’ve attended anti-harassment training should document more than attendance; they should also show that workers understood the training’s contents, some legal experts say. Most employers just get a signature and that’s it. Following the #MeToo movement, we recommend employers consider an acknowledgment…
Read MoreInvestigating Claims of Harassment: A Step-by-Step “How To” Part 6: Closing the Investigation and Additional Steps Thereafter
This final installment of a six-part series on harassment investigations discusses how to close the investigation and steps to take after the investigation has been closed. As always, bear in mind that each harassment investigation is different and must be tailored to fit the particular circumstances. Close the Investigation Once the investigation has concluded, it…
Read MoreInvestigating Claims of Harassment: A Step-by-Step “How To” Part 5: Other Sources of Evidence, Summarizing the Investigation, & Reaching a Conclusion
Before concluding a harassment investigation, the investigator should follow up with other possible sources of evidence, record and summarize the investigation, and reach a conclusion. This fifth part of a six-part series discusses these final steps in the investigation process. As always, bear in mind that each harassment investigation is different and must be tailored to fit…
Read MoreInvestigating Claims of Harassment: A Step-by-Step “How To” Part 4: Note-Taking Techniques and Tips for Assessing Witness Credibility
In any investigation of a harassment complaint, the investigator must interview people and take notes. This fourth part of a six-part series addresses techniques for note-taking and tips for assessing the credibility of witnesses. As always, bear in mind that each harassment investigation is different and must be tailored to fit the particular circumstances. Helpful Witness Interview…
Read MoreInvestigating Claims of Harassment: A Step-by-Step “How To” Part 3: Interviewing the Accused and Other Witnesses
You have received a complaint of harassment and interviewed the complainant. In this third part of a six-part series, we discuss interviewing the accused and other witnesses. As always, bear in mind that each harassment investigation is different and must be tailored to fit the particular circumstances. Interviewing the Accused At the beginning of the meeting, the…
Read MoreInvestigating Claims of Harassment – Part 2: Interviewing the Complainant and Planning the Investigation
You have received a complaint of harassment. What next? In this second part of a six-part series, we focus on interviewing the complainant and planning the rest of the investigation. As always, bear in mind that each harassment investigation is different and must be tailored to fit the particular circumstances.
Read MoreConstructing a Workplace Environment That Rejects Sexual Harassment
The political and cultural climate surrounding workplace sexual harassment is evolving faster than many companies can address or adapt to on their own. Internal and external stakeholders (management, employees, customers, clients, and business partners) have new and heightened expectations about what companies should be doing to prevent and respond to harassment—whether reported or not. Moreover,…
Read MoreInvestigating and Responding to Harassment Claims – Part 1: The Complaint
What if you were the human resources manager or in-house counsel that received a complaint that Harvey Weinstein, Matt Lauer, Charlie Rose, or any of the other number of recently accused individuals sexually harassed an employee? With the rise of sexual harassment allegations receiving increased scrutiny, retailers need to have proper procedures in place for…
Read MoreSexual Harassment Class Investigations on the Rise with EEOC
Since September, stories of sexual harassment have dominated the headlines. In what USA Today dubbed the “Weinstein Effect,” workplaces of all types and size have been seeing employees step forward to take part in the #MeToo movement by shining light on abuses of power by companies’ leadership. The increased focus on sexual harassment has created a surge…
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