Every employer has a legal duty to investigate any claims of sexual harassment that occur at the workplace. Those who fail in this duty or refrain from undertaking an investigation into the complaint can face lawsuits from the victim of sexual harassment, as well as from the individual who is accused of perpetrating the harassment.

Under the circumstances, it is essential that employers maintain a clear procedure for complaint and investigation to manage claims of sexual harassment. If they do not, they will have New Jersey sexual harassment lawyers in their offices far too much.

Keep a Written Policy

Employers should prepare a written policy touching sexual harassment that must be conveyed to all employees. This can be in the form of an employee handbook or other printed material that must detail the procedure that employees must follow if they want to file a complaint. You can find some acute and specific information on this topic right here.

The employer must also ensure that those who bring sexual harassment complaints are not compelled to make the primary complaint to a manager or supervisor whom they accuse of committing the harassment in the first place. You do not need a New Jersey sexual harassment attorney to know this would be illogical. Other than the manager or supervisor another person such as human resources ought to be given the authority to receive any complaint.

Investigating a Claim

As soon as the employer receives a sexual harassment complaint, he/she has the duty to initiate investigations into the claim right away, or within 24 to 48 hours. To investigate the claim, the employer should entrust it to a neutral third-party. It can be a human resources executive, an external investigator or even a sexual harassment lawyer.

 

All the concerned parties must be interviewed and should include the employee who made the claim, the individual/s accused of harassment and any witnesses to the alleged harassment or any other party who might have pertinent information on the nature of harassment.

Investigating sexual harassment claims can be a lengthy process. During this time, employers must take appropriate measures to either restrict or eliminate any contact between the alleged victim and the accused, until the investigation is over. Employers must refrain from taking any action against either of the parties that might be construed as retaliation, such as transferring one or both parties to some other department.

The federal antidiscrimination law expressly forbids employers from striking back at the employees making sexual harassment claims, or those who take part in investigations or legal proceedings. Outstanding New Jersey sexual harassment lawyers are cognizant of these laws.

Post Investigation

Once the investigation is over, the management or investigator should determine if the complaint has any standing. If so, it should also be determined what kind of disciplinary action to be taken against the guilty.  Employers must store all the relevant records of the investigation away from the personnel files of the employees.

Sometimes, even employers who have established a sexual harassment policy as well as investigation procedures may find themselves named as defendants in a sexual harassment lawsuit. Under the circumstances, it is crucial that all employers conduct the investigation on such claims with utmost diligence to restrict their probable liability to the minimum.

Employers that require help in drafting a sexual harassment policy or protecting themselves from potential claims ought to consider hiring a spectacular and committed New Jersey sexual harassment lawyer without delay.

Don’t think you need one? You think a conversation after work in the parking lot will settle it? That is not the proper route to take. This is though: https://usattorneys.com/. There is motivated sexual harassment lawyers on this site.