How to Handle Sexual Harassment Complaints in the Workplace

The mountain of sexual harassment cases continues to grow. According to the EEOC, “Between FY 2018 and FY 2021, the EEOC recovered nearly $300 million for individuals with sexual harassment claims through resolved charge receipts and in litigation”. From technology to media to government, and more – offices across the world continue to be plagued with these complaints.

Cases of sexual harassment can be catastrophic for a company’s reputation. When a company fails to act promptly against a complaint, the result is an unsafe workplace and the loss of valuable talent. The action a company takes when a sexual harassment report hits the table decides how effectively it can dodge the ensuing liability. More importantly, when a company takes quick action against a harassment complaint, the employees know that their safety is the company’s top priority.

This article uncovers valuable steps you can take in responding to a sexual harassment complaint.

Craft a Clear Policy to Address the Situation

Any report of sexual harassment triggers a lengthy (and expensive) series of ensuing events. But what if you can stop the harassment from unfolding in the first place? This is where the need for a strong policy comes in. A formal sexual harassment policy should clearly lay out that any acts of sexual harassment will not be tolerated and every related complaint will be thoroughly investigated. Here’s what the policy can include:

• A clear statement prohibiting sexual harassment. 
• Examples of the type of conduct that would be considered as sexual harassment. 
• The steps an employee can take to report sexual harassment.
• A sexual harassment complaint form.
• A statement that ensures an employee will not face retaliation if they file a complaint 
• A clear picture of the investigative procedure that will begin after a complaint has been filed.
• The disciplinary actions that will be taken against the accused. 

Train the Employees and Managers

After crafting a clear and formal sexual harassment policy, the next step would be to ensure both your employees and managers understand and abide by it. Conduct sexual harassment training sessions at least once a year to help employees understand what sexual harassment is and how they can report any sexual harassment issue they face or witness without any fear of retaliation. Run separate training sessions for supervisors and managers to educate them about sexual harassment, the investigative procedures following a complaint, and how they should deal with any sexual harassment complaints.

Take Everything Seriously

Cases of sexual harassment can be particularly challenging to handle. Formal or informal – every workplace harassment report demands immediate attention. Make sure you take every charge seriously, tell the complaining party that you will look into the matter immediately, and assure them that coming forward with the complaint won’t lead to retaliation.

Ensure Confidentiality

Confidentiality is a critical element when handling a sexual harassment complaint. Confidentiality protects the integrity of the investigation. It encourages victims as well as witnesses to come forward. Additionally, it reduces the risks associated with retaliation. Organizations must strike a balance between maintaining privacy and meeting all relevant laws and regulations. Here is a list of best practices to consider to help you maintain confidentiality throughout your organization’s investigation process.

• Know and follow all applicable laws and regulations
• Establish confidential communication channels
• Need-to-know approach
• Limit Access
• Media Leaks

It is crucial that all employees involved in the investigation know and follow all applicable laws and regulations related to handling a harassment investigation. To help ensure confidentiality, establish confidential communication channels well in advance. This should be part of your normal business model. Operate on a need-to-know approach to the investigation. If an employee is not a victim, a witness, or the accused; they should not be a part of the conversation. Throughout the investigation and after the investigation, it is essential to limit access to investigation records. This limit to access is done to protect the victim, the accused, and the organization in the case of later legal action. Finally, it is important to have a plan in place before the incident for how leaders are required to deal with the media.

The Role of Bystanders and Witnesses

The leaders running the investigation must be keenly aware of the bystanders and witnesses involved in a sexual harassment investigation. In many instances there will not be any instances around, but when there are their testimony is crucial to getting to the truth. These witnesses can provide key evidence. Before the incident occurs, it is crucial to set a tone throughout the organization where a witness does not fear retaliation because of their involvement in any workplace conflict. Those conducting the investigation should be active in encouraging witnesses to participate in the investigation and know how to effectively document all necessary testimony.

Take Steps to Prevent Retaliation

Among thousands of charges filed with the U.S. Equal Employment Opportunity Commission (EEOC), “retaliated” topped the list amounting to a whopping 55.8% of the charges.

While confidentiality is critical when dealing with sexual harassment cases, it is equally critical to wipe out all the possibilities of retaliation. Explain to the accuser that they are protected by law from retaliation. Unfortunately, retaliation is not easy to detect or tackle. This is why it’s important for employers to consistently follow up with any employee who files a complaint.

Some steps to take to prevent retaliation include having ways to report anonymously, have a formal written anti-retaliation commitment, check-in regularly with the involved parties, train your managers on subtle retaliation, and establish clear escalation channels when any retaliation occurs.

By implementing proactive safeguards, organizations can protect employees, maintain workplace trust, and reduce legal liability.

Run a Prompt Investigation

Regardless of whether a sexual harassment charge appears true or false, it is critical to investigate the complaint thoroughly and promptly. When ignored, a complaint can explode into an expensive liability. Handling a sexual harassment complaint effectively requires a systematic, well-documented investigation process to ensure fairness to both the accuser and the accused, compliance with all laws and regulations, and effective risk mitigation for the business. A structured approach provides clarity for all parties involved and reduces the likelihood of legal challenges. The investigation should follow these key stages:

• Compliant Intake
• Preliminary Assessment
• Fact-Finding
• Decision-Making
• Resolution
• Follow-Up

Complaint Intake – The harassment investigation process begins when an employee files a complaint. This can be done both formally and informally. Human Resources or Compliance Personnel should immediately document the details. Those details should include the date, time, and nature of the allegation. Employees should always be reassured that the complaint will be taken seriously, investigated promptly, and handled confidentially to the fullest extent possible.

Preliminary Assessment – Before launching a full investigation someone should assess the severity, credibility, and potential legal implications of the complaint. This step helps determine whether the complaint requires an internal investigation, the involvement of outside counsel, or even law enforcement intervention in severe cases.

Fact-Finding and Evidence Collection – Investigators must gather all relevant evidence, The needed evidence includes witness statements, related emails, text messages, security footage, personnel records, and even workplace policies. Interviews should be conducted separately and impartially. This is to ensure both the complainant and the accused have the opportunity to present their perspectives. The investigator should ask open-ended, non-leading questions and document responses meticulously.

Decision-Making – Once all evidence is collected, investigators need to analyze the findings objectively. If workplace policies or laws have been violated, leadership must determine the appropriate corrective actions. These corrective actions may include disciplinary measures, retraining, or policy updates. This decision-making process should be consistent, well-documented, and compliant with company policies and applicable labor laws.

Resolution and Corrective Action – After a decision is made, the employer must take appropriate and proportionate action. This may include termination, suspension, written warnings, or mandated training for the accused. Regardless of the outcome, it is crucial to communicate the resolution to both parties in a professional, clear, and legally compliant manner. If the complaint was substantiated, measures should be implemented to prevent future occurrences, such as improving training or revising company policies.

Follow-Up and Monitoring – The process does not end with a resolution. Employers must follow up with both parties, ensuring that the complainant does not face retaliation and that workplace dynamics remain professional. Regular check-ins, confidential feedback channels, and ongoing monitoring help reinforce a culture of trust and accountability.

By implementing a structured investigation framework, organizations can ensure swift, fair, and legally sound responses to sexual harassment complaints. This not only helps create a safer work environment but also reduces legal liability and protects the company’s reputation.

 Appoint the Right Interviewer

The interviewer you choose can make or break the entire investigation. When it comes to cases of sexual harassment, make sure you choose an interviewer who has the experience and training to carry out a neutral and fair judgment and possesses good people skills. If you don’t have a qualified professional from within the organization, hire a third party to get the job done efficiently.

Consider Outside Counsel

You can consult with an attorney to ensure you’re handling the complaint fairly and based on the evidence you’re equipped with. Since an outside investigator does not work with or otherwise knows the subject, they are best equipped to carry out an objective investigation.

To Conclude

Each time a sexual harassment complaint surfaces on the company’s shore, it becomes the ethical, moral, and legal obligation of the employer to run an immediate investigation. A comprehensive policy is often the best roadmap to investigating any harassment case.

Aside from running an effective investigation, it is critical to protect the subject from any form of retaliation. While you can carry out the investigation on your own, hiring an experienced professional is often the best way to tackle the situation. An experienced investigator is equipped with the right knowledge of laws surrounding sexual harassment, knows exactly the kind of questions to ask both the accuser and the accused, and offers a neutral, evidence-based judgment.

If you’re looking for any assistance related to sexual harassment complaints, you can trust Ethico to bring about a swift and valuable resolution.