Harassment Truths or Lies?

Article By: Bill Vogel, PHR
VirtualHRPros.com
 
During my 20 years as a human resources professional I received hundreds of complaints from employees claiming they had been harassed by a coworker or manager. In most cases the complaints came from poor performing employees recently placed on a performance improvement plan or had received one or more written warnings. Poor performing employees with skeptical harassment claims may use this strategy to delay a pending termination or planning a retaliation lawsuit. Nonetheless, all reports of sexual harassment, and any other types of harassing behaviors such as bullying, requires thorough investigation.
 
I recall a particular occurrence involving a female employee who reported that her manager sexually harassed her several times over a recent two week period. The employee submitted her complaints both verbally and in emails. She said the incidents took place after hours while in her manager’s office where he attempted to hug and kiss her. There were never any witnesses and the manager denied each claim submitted by this employee. Prior to the complaints the manager issued a written warning to the employee for poor performance. As a temporary solution, the employee was assigned to a different manager.
 
The accused manager had been employed at the company for many years, was a trusted leader, married, and never had any similar complaints against him in the past. However, the complaints kept coming week after week, which now included added allegations of shoulder massages, elevator eyes, sexual epithets, and multiple dating requests. Each claim was investigated with the same results, which were emphatic denials by the manager of any misconduct, and the lack of witnesses or corroborating information. So, what can HR do when a poor performing employee submits multiple, but unsubstantiated claims of harassment, against a manager? The painstaking steps taken were as follows:
 

1. Each claim was investigated, which included interviews with all the employees reporting to the accused manager.
2. The employee was assigned to a different department and both employee and manager were instructed not communicate with each other, which was also issued in writing.
3. Both manager and employee were provided a copy of the company’s policy against harassment from the employee handbook, which they acknowledged with their signature.
4. The manager was assigned to harassment avoidance training and required to complete the training before returning to the workplace.
5. The manager was also issued a response and resolution letter after each investigation, which included a consequence of termination if the complaints continued.
6. The complaints continued (all unsubstantiated) and the manager was terminated from employment.

 
I encountered the manager a few months after his termination at an unemployment appeals hearing where he again denied the sexual harassment behaviors. However, the appeals board ruled against the manager stating in part that the employer (Human Resources) took appropriate steps in response to claims of misconduct. The accused manager did not take any further legal action after this hearing. 
 
I will never know the actual truth of what happened, but I do know that by taking the steps listed above, HR professionals can significantly mitigate liability against the companies they represent. I was fortunate to work for executives that supported these steps and provided Human Resources the freedom to investigate and take immediate and appropriate action. The female accuser was eventually terminated for her continued poor performance; she did not file a retaliation lawsuit following her separation from employment.
 
The EEOC provides employers with a useful tool for implementing a harassment reporting system and investigations.  As always, get help from a qualified HR Professional if you think the business is at risk, or needs help developing policies, procedures, and training courses for help with workplace compliance requirements.

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