
Please do not leave this page until complete. This can take a few moments.
The #MeToo movement has been in full swing for close to two years. At this point, it might even be safe to say it is the new way of the world.
For employers, this brings new challenges and concerns to navigate when it comes to maintaining a fun work environment while avoiding allegations of harassment and discrimination.
Here are some tips:
Investigate all allegations of harassment or discrimination
When a company receives an allegation of sexual harassment or discrimination, it must investigate it. This is not negotiable.
While the depth of the investigation should vary based on the allegations, there must be an investigation. This means the employer must first:
Second, the company must decide what to do with its findings. If validity is found to the allegations, it must take prompt corrective action. This may mean firing the harasser or it may mean issuing a written warning or anything in between.
The severity of discipline is dictated entirely by the facts of the particular situation.
Oftentimes though, the investigation reveals no clear conclusion. It is a classic “he said/she said” case. In this scenario, we recommend sitting both the victim and alleged harasser down separately and explaining no conclusive evidence has been found one way or the other, but there still is a problem.
Then, use the opportunity to remind both parties of the company’s policies on anti-harassment and discrimination. You should also remind the alleged harasser he or she cannot retaliate against the alleged victim for making the claim. You should remind the alleged victim to report any perceived retaliation to you and continuation of the harassment.
However, if you find the claim is totally baseless, you need to drill down and find out what happened. If the victim misunderstands the law and your policy, explain it. If it appears the victim is being intentionally disingenuous (e.g., using knowingly false claims of harassment to get someone fired), you need to address this, too.
Finally, no matter what your findings show, document it well. Be sure the facts are clear and get witness statements signed. Make sure your actions are clear and based on your factual findings.
Avoid retaliation claims
A common landmine for employers is allegations of retaliation. In many cases, the alleged retaliation is actually true. It is human nature to feel upset or wronged when someone accused you of harassment or discrimination. In turn, the alleged harasser may, consciously or unconsciously, exclude the accuser from meetings, not recommend them for promotions, or give the person less hours.
While this may be human nature, it is totally illegal if this different treatment is because of the underlying allegation.
Possibly even harder to control is retaliation by co-workers. This often arises when the victim complains of conduct that others enjoy, e.g., swearing; sexual banter including vulgar language; race, religious, age-based banter including use of the “n” word and other improper epithets.
Be consistent
Discrimination claims often arise when an employer makes inconsistent decisions. For instance, a supervisor likes a particular employee or group of employees better so they get the best hours, shift, job assignment, etc.
This is a problem in most cases but especially if it turns out all of those employees are men, or all are under 40, etc. This is why employment decisions must be made based on objective facts such as attendance, documented levels of output or error-free production.
Of course, the big challenge here is if the objective facts are documented. If not, allegations of unlawful discrimination are hard to defend, even if the employer is innocent. This is one more reason why evaluations and even minor corrective actions forms are so helpful in defending the employer’s lawful decision.
Following these few rules of the road, will help employers avoid many headaches.
Robert G. Brody is the founder and managing member of Brody and Associates LLC. Katherine M. Bogard is a senior counsel at the firm.
The Hartford Business Journal 2025 Charity Event Guide is the annual resource publication highlighting the top charity events in 2025.
Learn moreHartford Business Journal provides the top coverage of news, trends, data, politics and personalities of the area’s business community. Get the news and information you need from the award-winning writers at HBJ. Don’t miss out - subscribe today.
SubscribeDelivering vital marketplace content and context to senior decision-makers throughout Connecticut ...
All Year Long!
The Hartford Business Journal 2025 Charity Event Guide is the annual resource publication highlighting the top charity events in 2025.
Hartford Business Journal provides the top coverage of news, trends, data, politics and personalities of the area’s business community. Get the news and information you need from the award-winning writers at HBJ. Don’t miss out - subscribe today.
Delivering vital marketplace content and context to senior decision-makers throughout Connecticut ...
All Year Long!
In order to use this feature, we need some information from you. You can also login or register for a free account.
By clicking submit you are agreeing to our cookie usage and Privacy Policy
Already have an account? Login
Already have an account? Login
Want to create an account? Register
In order to use this feature, we need some information from you. You can also login or register for a free account.
By clicking submit you are agreeing to our cookie usage and Privacy Policy
Already have an account? Login
Already have an account? Login
Want to create an account? Register
This website uses cookies to ensure you get the best experience on our website. Our privacy policy
To ensure the best experience on our website, articles cannot be read without allowing cookies. Please allow cookies to continue reading. Our privacy policy
0 Comments