Employees have protection against workplace sexual harassment. They should not have to endure misconduct from a supervisor or deal with a hostile work environment as a condition of their employment. They don’t need to tolerate inappropriate conduct from customers or clients either.
Those who experience workplace sexual harassment typically expect their employers to protect them. After all, the law prohibits sexual harassment in the workplace. Workers have the right to report harassment within the company and to seek support from their employers.
Unfortunately, businesses do not necessarily handle sexual harassment complaints appropriately. If employers do not properly respond to allegations of sexual harassment by workers, then the employees affected by the harassment may need to consider taking legal action.
What are some of the ways in which companies inappropriately respond to allegations of sexual harassment?
Ignoring a complaint
Best practices after workers speak up about sexual harassment include creating a written report detailing the complaint and investigating thoroughly. If the company substantiates the claims made by the worker, then prompt action is necessary.
Employers may need to provide additional training to the workers engaging in harassment. They may need to discipline those workers, which might include terminating their position with the company. Employers should not ignore or downplay sexual harassment complaints because the workers involved have been with the company for years or are top performers.
Punishing a reporting worker
Speaking up about harassment on the job is a protected workplace activity. Employers should not punish workers who refuse to silently tolerate mistreatment at work. The only party facing punishment should be the person harassing their co-workers, not the employee brave enough to fight back.
Sadly, retaliating against workers who report misconduct is somewhat common. Some companies find excuses to terminate workers immediately after they report harassment. Other times, employers transfer the worker facing harassment, not the workers engaging in harassment, to another shift, position or location.
When companies punish workers experiencing harassment instead of protecting them, they may open themselves up to litigation. Professionals frustrated by a company’s refusal to act or punished for doing the right thing may have grounds to pursue a sexual harassment lawsuit in some cases. Reviewing inappropriate conduct and a employer’s response to an initial report with a skilled legal team can help professionals determine if they have grounds to take legal action.