Discrimination and Harassment

Checklist

Handling sexual harassment complaints checklist

The more questions to which you answer “yes,” the greater the attention you have paid to
creating your internal sexual harassment complaint process (based on a formal complaint
procedure.

Yes No
Do you:
Include a definition of sexual harassment, with clear examples? ❒ ❒
These clear examples usually are behaviors that everyone agrees are unlawful
sexual harassment. Be careful not to use examples in “gray areas” that may be
offensive behavior, but not sexual harassment. Many companies use the defi-
nition in the Equal Employment Opportunity Commission guidelines, but
you can have a behavioral model, too. This should be consistent with any
definition in company policy regarding sexual harassment.

Provide a formal complaint mechanism that is clear and easy to communicate

to employees? ❒ ❒
Does the process include information on:
Who to contact? (Be sure to provide alternatives in case the contact person is the
alleged harasser.) ❒ ❒
How to contact—is a written complaint required? ❒ ❒
What the organization’s response will be (after the organization promptly
investigates)? ❒ ❒
The organization’s obligation to investigate once it knows of alleged harassment? ❒ ❒
Assurance that the company will take prompt, effective action to stop harassment? ❒ ❒
Assurance of no retaliation for filing complaint? ❒ ❒
Know that under certain circumstances the company may obtain medical advice
independent of the diagnosing physician or require a second opinion? ❒ ❒
Address confidentiality? ❒ ❒
Confidentiality is the most difficult area in sexual harassment claims.
Absolute confidentiality should not be promised, as that promise cannot
always be kept. When violence is a possibility, advice should be sought on
how to minimize that risk. You can promise to seek to maintain confidentiality
to the extent possible and to reveal information only on a need-to-know basis
as part of the investigation.
 Discrimination and Harassment

Checklist

Yes No
Give notice to management, the legal department, the employer’s insurance carrier? ❒ ❒
Information for employees responsible for investigating complaints should
include a process for providing notice of a claim to senior management, legal
counsel, and the company’s employment practices liability insurance carrier.
Keep a written record of all complaints filed? ❒ ❒
You should also keep a record of the resolution of the complaint, any discipli-
nary action, and follow-up action. Remember, the very worst scenario is to
take complaints and then not act on them.

Provide employees experiencing harassment with alternative avenues for filing a

complaint so they do not have to complain to the harasser or to someone with
whom they do not feel comfortable? ❒ ❒
Inform employees of their legal rights to complain outside the company? ❒ ❒
(For example, employers are required to display a Title VII poster.)

List possible sanctions and discipline for any employee found to have sexually
harassed another employee? ❒ ❒
Inform employees of the procedure through a vigorous in-house publicity campaign,
including posting throughout the workplace and informing all new employees
through the orientation program? ❒ ❒
Conduct a review of the procedure at least annually? ❒ ❒
Look at your procedure annually for ways to improve it. Get feedback from
employees and managers. Also, consider providing them with an annual
report on the effectiveness of the procedure, including number of complaints,
final outcomes, and publicity efforts.