harassment without proof

deniseE

An employee recently claimed that his supervisor sexually harassed him...we've investigated, but found nothing to support his claim..and of course, the supervisor is denying it.

How have you handled similar issues? Did you have any court opinions to back up your decision? Any information is appreciated...

thanks!

System

Make sure you've done a thorough investigation. That's where you'll lose; if the investigation was not properly done. If, in the end of it all, you cannot find enough evidence, facts, statements, etc to establish the incident, then you have an 'inconclusive' finding. You can only determine that claims are 'founded' (the incident did indeed occur), 'unfounded' (the incident never happened), or 'inconclusive' (you cannot determine whether the incident did or did not happen. The outcome will be that no one is disciplined but both parties will be re-trained on your company's sexual harassment policy.

deniseE

We just can't substantiate the claim...no information either way...I think the investigation was complete....

could we transfer the subordinate to an equal position without making it seem retaliatory in nature? If he's uncomfortable...and the position is equal...it may be the best option.

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 06-29-04 AT 04:08PM (CST)[/font][br][br]Certainly not. Unless he requests it. It could forever be seen as punitive. If the employee who complained requests or suggests a move, you should give it some degree of consideration. But, you should be careful to avoid these two things: The appearance of having found the accused guilty of something you did not conclude he was guilty of. And, the notion that you have unilaterally decided to move an employee who has complained, thereby having him/her feel she has been treated punitively for coming forward. I suggest you should be real careful with not reaching any conclusive resolution, but acting as if you did. I have experienced two situations where it was concluded (and admitted) that claims were made and charges were brought internally just for the reason of getting reassignment. Proceed with caution, whatever you do.

Pork

Certainly, you can offer and discuss the possible resolutions to the dilemma with the ee. Just worked out a "win win situation" last week, a transfer of an employee with a similiar claim. It is always important to have a track record of positive action that proves your company and leadership takes ever claim serious whether the investigation finds anything or not. The ee got to get out of the immediate environment and the nerves of everyone were calmed.

Thanks for asking your question!

PORK

Gillian3

In these circumstances, my conversation with the accused goes something like this. As you know, we have been unable to confirm that anything occured. That means we don't know whether it did or did not. Just in case it did these are the facts about SH and this is what would have happened if we had confirmed that it did happen. Again, not saying that it did happen, you should avoid this type of conduct.

With the accuser it goes something like this. We are sorry that we have been unable to confirm that it happened, but want you to know that we have done everything that we can to figure it out. I know that you expect that we will do "xyz" but we can't without being able to find out what happened and just as you have the right to complain and to expect us to address the issue, the other party has the right to expect that we don't act on incomplete facts or to make assumptions and act upon them.

The key, as already mentioned, is the quality of the investigation.