Employers should investigate claims of workplace sexual harassment. In some cases, employers take other actions during an investigation like separating the employee who claims harassment form the alleged harasser or place the latter on leave. Whether you are an employee claiming harassment or an employee being charged with harassment in the workplace, you can benefit from the services of an employment lawyer.
How the Lawyer can Help
Sexual harassment allegations are very serious, no matter the outcome of the employer’s investigation. Some employers prefer to fire or discipline the alleged harasser or blame the complainant and punish them without proper investigation. An employment law expert can help the harassment victim and the alleged harasser through this process.
Giving Assistance to the Employees Involved
An employee who reports harassment can feel alone in a tough, hostile process. They may not be aware of their rights or have the confidence to assert them. The alleged harasser may be treated as a pariah even before any investigation. Employers may not conduct a fair investigation and just demote or fire the alleged harasser without inquiry into what occurred.
An employment attorney will help both parties with the following:
- Ensuring a fair and thorough investigation. Experienced attorneys can assist the victim in persuading the employer to perform a thorough, good faith investigation of the alleged harassment as this is required by the law. Also, the alleged harasser wants the employer to investigate the harassment claims objectively and fully.
- Addressing or preventing retaliation. Some employers retaliate against an employee who reports harassment. An attorney can step in this happens. Also, they will ensure the employer takes fair and justified actions.
- Ensuring fair investigation results. Both parties involved must know that the determination their employers make after the investigation is fair and objective. Both employees in question must have their own lawyers to analyze the report of the investigation to ensure the employer retained an objective person to perform it and examined all evidence.
- Monitoring the actions of the employer after the investigation. When an investigation is completed, the employer should take appropriate action. If harassment has been proven, the employer should address what happened and prevent it from taking place again. If the investigation shows that the complainant made a false report of harassment, the employer may discipline them. A good lawyer can monitor the actions of the employer after the investigation is completed to ensure the reporting employee is treated fairly.
