Harassment Investigation Procedures Compliance Program
State, federal, and local laws prohibit harassment and discrimination of employees, job applicants, and visitors on the basis of sex, gender, age, race, religion, national origin, pregnancy, or disability. Various court decisions and agency guidance have clarified that employers must take reasonable steps to investigate and correct any claim of harassment. Failure to properly respond to an internal harassment claim can result in a finding of employer liability during a harassment or discrimination lawsuit. This includes being found “vicariously liable” for the actions of managers & supervisors. Violations of anti-discrimination laws can result in penalties up to $50,000 per complaint, and judgments routinely exceed $1 million.
Beginning in October 2017, the #MeToo movement encouraging victims of harassment to come forward has resulted in extensive media coverage of allegations against several high-profile executives, celebrities, and politicians. It also empowered victims of harassment in every walk of life to come forward with their stories about unreported harassment. This trend is expected to continue, as victims are more likely than ever before to bring forth a harassment claim against a manager or co-worker. Prior statistics indicate that nearly 60% of all harassment claims are never reported, and legal experts expect that to change as more victims find the courage to speak up after the recent media firestorm. As such, employers must prepare their businesses to face a much greater likelihood of a harassment complaint than ever before.
In November 2017 the EEOC released their “Promising Practices” for preventing harassment. A trusted and accessible complaint procedure is listed as one of the main core principles that have generally been proven effective in preventing and addressing harassment. To avoid liability in a harassment lawsuit, employers must react immediately to any claim of harassment, conduct a thorough investigation, and take corrective action where warranted. To bolster their defense in court, this process should be thoroughly documented to prove good-faith compliance with antidiscrimination laws. Taking too long to respond, not gathering all of the facts, making the wrong determination of whether wrongdoing occurred, and failing to take appropriate corrective action are all examples of mistakes that can result in a lawsuit judgment against an employer.
To help employers implement a legally compliant investigation procedure, Personnel Concepts has introduced a Harassment Investigation Procedures Compliance Program. Our exclusive program is designed to help businesses implement an effective process that uses attorney-reviewed documentation forms and recommended best practices. Created by our team of Compliance Specialists and reviewed by an attorney, this comprehensive solution includes essential resources for investigating a complaint fairly, thoroughly, and effectively.
Who Needs It
Every employer with one or more employees on payroll is covered by a state, local, or federal law that prohibits harassment or discrimination, depending on the number of employees on payroll. (Most federal antidiscrimination laws apply to businesses with 15 or more employees, while state and local laws apply to businesses with less than 15 employees).
Avoid Costly Harassment Lawsuits
A thorough, effective internal complaint process can prevent a harassment incident from reaching a court of law or a federal government agency. Conversely, making critical mistakes during the complaint investigation process can be used against you in court. Our solution will ensure that your internal process meets prevents potential lawsuits and meets recommendations from attorneys and enforcing agencies.
Attorney Reviewed Investigation Forms
Using our series of six attorney-reviewed investigation forms to document and assess every internal complaint ensures that all internal investigations are properly documented and avoid the common pitfalls and mistakes that can occur.
Money Back Guarantee
If you’re not completely satisfied with our Harassment Investigation Procedures Compliance Program, you can return it within 30 days from the original date of purchase for a full refund, less shipping and handling.
Our Harassment Investigation Procedures Compliance Program includes the following materials and information:
- A comprehensive Harassment Investigation Procedures Guide that features tips and recommendations from an attorney, common investigation mistakes, a pre-written procedure, and tips for each phase of the investigation.
- 10 attorney-reviewed Employee Harassment Complaint Forms to document any internal complaint of harassment from a current employee.
- 10 attorney-reviewed Harassment Investigation Checklists documenting each phase of the investigation process.
- 10 attorney-reviewed Harassment Report Statement Forms, which summarize the official statements of the alleged victim and the alleged harasser.
- Online access to downloadable fill-in-the-blank versions of the forms listed above PLUS four additional attorney-reviewed forms: Witness Statement, Alleged Harasser’s Response, Notice of Disciplinary Action, & Notice of Determination. Also included is a customizable anti-harassment policy and compliance checklists.