Train employees and investigate complaints properly

Training Objective: Ensure all employees understand the legal definition of workplace harassment. Sexual harassment is defined by the federal Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:Submission to such conduct is made explicitly or implicitly a term or condition of employment Submission to or rejection of such conduct is used as the basis for employment decisions Such conduct unreasonably interferes with work performance or creates an intimidating, hostile, or offensive work environment Key Compliance Point: Sexual harassment can be both physical and psychological. Multiple incidents may constitute harassment even if a single incident would not qualify on its own.

Training Objective: Help employees identify specific behaviors that constitute workplace harassment. Physical conduct violations include:Unwanted touching, pinching, patting, or grabbing Intentionally brushing against another person Any form of sexual assault or battery Blocking movement or cornering Verbal and visual conduct violations include:Sexual jokes, comments, or innuendos Unwelcome propositions or advances Displaying sexually explicit material Making comments about appearance or body Quid pro quo offers (favors for advancement) Threatening consequences for rejecting advances Compliance Note: When in doubt, if the behavior is unwelcome to the recipient, it may constitute harassment.

Training Objective: Clarify that anyone can be a victim and everyone has a role in prevention. Key Points:Anyone can be a victim regardless of gender, role, or seniority level Harassment can occur between any combination of genders Victims include those directly targeted AND bystanders affected by the conduct Third parties who witness harassment may also file complaints Bystander Responsibility: All employees are encouraged to report witnessed harassment. Our organization is committed to protecting ALL employees from harassment and retaliation. Legal Protection: Federal and state laws protect employees who report harassment or participate in investigations from any form of retaliation.

Training Objective: Ensure employees read and understand the complete harassment prevention policy. Required Actions:Read the complete harassment prevention policy document Note the designated reporting contacts and channels Understand the investigation and resolution process Acknowledge receipt and understanding of the policy Policy Access: The full policy document is available from HR or your designated policy point of contact. Compliance Requirement: Annual policy acknowledgment is required. This step documents your completion of harassment prevention training and policy review.

Investigation Step 1: Proper intake and documentation of harassment complaints. Required Documentation:Date, time, and location of incident(s) Names of all parties involved (complainant, accused, witnesses) Detailed description of what occurred Any physical evidence or documentation Impact on the complainant Compliance Requirements:Take every complaint seriously regardless of perceived severity Document using standardized intake forms Maintain strict confidentiality of all information Acknowledge receipt to complainant within 24 hours Critical: The person reporting needs to feel heard and believed. Create a safe environment for disclosure.

Investigation Step 2: Evaluate safety concerns and take protective action. Safety Assessment Questions:Does the situation require immediate separation of parties? Is the complainant at risk of ongoing harm? Are there power dynamics that increase vulnerability? Is the accused in a position to influence the investigation? Interim Measures (as appropriate):Temporary reassignment of work areas or schedules Modification of reporting relationships Administrative leave for accused (not punitive) No-contact directives Security accommodations Compliance Note: Safety of the complainant takes priority. Interim measures must not disadvantage the complainant.

Investigation Step 3: Gather facts through proper investigative procedures. Investigation Protocol:Interview complainant in detail (private setting) Interview accused party (inform of allegations) Interview all identified witnesses separately Collect and preserve documentary evidence Review relevant policies, emails, messages, and records Investigation Standards:Maintain strict confidentiality throughout Document all interviews with detailed notes Use consistent questions across interviews Remain neutral - do not prejudge outcomes Consider engaging external investigator for serious allegations or conflicts of interest Timeline: Complete investigation within 30 days unless complexity requires extension. Keep all parties informed of progress.

Investigation Step 4: Reach conclusions and take appropriate action based on findings. Determination Process:Review all evidence and interview notes Apply preponderance of evidence standard Determine if policy was violated Consult with legal counsel on findings and actions Document reasoning for determination Corrective Action Options (based on severity):Verbal or written warning with documented counseling Required harassment prevention training Performance improvement plan Suspension without pay Demotion or transfer Termination of employment Compliance Note: Corrective action must be proportionate to the violation and consistent with past disciplinary decisions.

Investigation Step 5: Communicate outcomes and ensure ongoing compliance. Communication Requirements:Inform complainant of investigation outcome (within confidentiality limits) Communicate corrective actions to accused party Notify relevant managers of any workplace changes Maintain confidentiality of specific details Anti-Retaliation Monitoring (CRITICAL):Retaliation against complainants or witnesses is illegal and grounds for termination Schedule follow-up check-ins with complainant at 30, 60, and 90 days Monitor for changes in treatment, assignments, or performance reviews Document all follow-up activities Documentation: Retain complete investigation file per records retention policy. This documentation protects the organization in potential litigation.