How to Cooperate in a Sexual Harassment Investigation by:Mark Dacanay
The Equal Employment Opportunity Commission (EEOC) has reported 13
,867 received sexual harassment in the workplace charges in 2008. That is the highest number of received cases since 2003.
During these past few years there's also an increase in the number of males who filed for sexual harassment charges. The highest period was in 2007, where 16% of the total received sexual harassment charges were filed by men.
Sexual harassment in the workplace refers to unwelcome sexual advances, soliciting for sexual favors and/ or other physical or verbal actions that are deemed sexual in nature. These actions are considered sexual harassment if it affects the person's employment, job performance and/or if it creates a hostile working environment.
Here are some facts about sexual harassment:
The victim or harasser can either be a man or a woman. Sexual harassment can occur even between people of the same sex.
A supervisor, co-employee, employer or an agent of an employer can be charged with sexual harassment in the workplace.
The victim does not have to be the one harassed, but anyone who is offended by the conduct can file a case.
The offensive conduct should be unwelcome.
An employee is advised to tell the harasser of the effects of his actions. If it does not stop, then the employee should inform the employer through the grievance system of the company.
To establish that there is sexual harassment, it should be proven that the offensive actions of the harasser were unwelcomed by the recipient of the conduct.
Sexual harassment cases are usually determined by the reaction of the recipient of the offensive conduct. It should be clear that such actions were rejected by the recipient.
All people in the workplace must be active in preventing sexual harassment, so if you are involved as the recipient, as a witness, or even the accused, you should cooperate in the investigations.
Here are things that you can do during an investigation:
Keep details of the investigation confidential - Remember that the reputations of the accused and the complainant are at stake. You may have an account of what happened but it may just be a part of the whole truth. Spreading around what you saw may affect the statements made by other witnesses.
Do not be afraid of retaliation - The law protects individuals who take actions against discrimination from retaliation. This includes filing a complaint or participating in the investigation. If there is some threat from any party because of your actions, you should inform the investigator as well.
Answer all questions with as much details as you can - The investigator will need a complete description from you of what happened whether you are the complainant, a witness or the accused. Be prepared to do the following:
o Tell the investigator if there are witnesses or anyone who might have seen or heard about what happened.
o Inform the investigator If there were other people who may have had similar experience in the past.
o Give a chronology of what happened or where and when the incident happened.
o If you were not able to report the incident immediately, tell the investigators the reason for the delay.
o Tell the investigator what you think the employer should do or should have done to keep a harassment-free work environment.
About the author
If you have been a victim of sexual harassment in the workplace and other employment cases, get help from our skilled employment attorneys. Visit our website at
http://www.employmentattorneyservices.com/ and call us toll free for immediate legal assistance.
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