“But I really don’t want to make a big deal over this…”

Suppose for a moment that you were having a casual conversation with one of your female employees over coffee and she mentioned that she is really annoyed with one of your male employees in the office. It seems he has made sexually oriented comments to her that she finds offensive. Apparently this has been going on for some time, but she has not reported it as she does not want to “cause anyone any trouble.”

On the horns of a dilemma

This is a difficult situation as the female employee does not want Human Resources to act on the information you have heard, yet at the same time, now that you are aware of the situation it cannot be ignored. In fact, legally, it doesn’t matter if the victim doesn’t want you to act or not. You cannot allow the harassment to continue once you become aware of it. Also, consider that beyond this one victim, there may be others as well who have not complained, but are equally annoyed or intimidated.

Your obligations

Sexual harassment is illegal, and failure to act in order to correct the problem is not an option in the eyes of the law. In fact, taking prompt action is an affirmative defense (i.e., it supports your case) if the employee ultimately decides to sue your company. If you ignore the situation, your company can be held liable for the conduct.

What do you tell her?

So, what do you tell the employee who complained, but does not want to escalate the problem to a formal complaint? You tell her that you have a legal obligation to investigate the situation, even if she doesn’t want you to. Tell her that you are concerned that there may be others that are experiencing the same (or even worse) harassment by this person and that you must put a stop to it now. If she is concerned about confidentiality and repercussions, tell her that her confidentiality can’t be guaranteed because the alleged perpetrator has to be told where the complaint came from in order to defend himself. Also, key members of management will need to be informed on a “need-to-know” basis. There is also the chance that records could be subpoenaed by lawyers should the case become a matter for the courts. However, all efforts will be made to keep the matter as confidential as possible. Tell her that all those involved in the investigation will be told they must keep the matter confidential or be subject to disciplinary action. Finally, tell her that if she experiences any repercussions or retaliation from anyone she should report it immediately as retaliation for reporting sexual harassment is illegal.

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Most supervisors don't realize how workplace issues can escalate into legal action ... or how their actions can result in liability for themselves and the company. J. J. Keller's SUPER adVISOR™ monthly eight-page newsletter contains four pages dedicated to the HR manager and a corresponding four-page pullout dedicated to the needs of supervisors.

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