Investigation of Harassment

Investigation of Harassment Complaints

The Ninth Circuit Court of Appeals recently held that an employer who fails to investigate a sexual harassment complaint may be excused if the complaining employee expresses the desire to handle the situation on his or her own and fails to provide management with more than vague allegations of unwelcome conduct.

The Court decided that the employer had not acted unreasonably under the circumstances. It excused the employer's failure to conduct an investigation because the complaining employee wanted to deal with the situation on his own and did not provide sufficient details about the unwanted conduct to impose upon the employer the duty to investigate. Hardage v CBS Broadcasting, Inc. 2005 U.S. App. LEXIS 23551 (2005)

What You Can Do

Never deal with any type of harassment yourself. Make sure you inform HR or your supervisor of the full details of your complaint, even if you are afraid that the harasser might find out that you made a complaint.
It should be the employer's responsibility to create and communicate a strong zero-tolerance policy to all employees regarding all types of unlawful discrimination and harassment, including sexual harassment in particular.
It is also the employer's duty to treat all complaints of unlawful harassment seriously and promptly investigate them.
The employer should be given full details of the harassing conduct so that they can determine whether a more complete investigation is warranted.

Conclusion

The implication of dealing with a harassment issue yourself is that your complaint is just not serious enough. Communicate with your employer. Tell them everything that is concerning you so that the burden is on the employer to take care of the situation. The employer has a duty to investigate the situation diligently and promptly. Your highest priority should be to get the issue resolved, and resolution is best met if you fully disclose the details of your complaint to your employer.

Bottom Line: Never leave a complaint in your own hands.

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Disclaimer: This site is not legal advice. View it as a general resource and public service.

The Employment Law Office of Frank Pray handles cases related to most areas of employment law. My law firm is dedicated to helping employees dealing with issues of workplace discrimination (including gender discrimination, race discrimination, age discrimination and discrimination based on religion, national origin, sexual orientation, disability, pregnancy or illness); harassment due to hostile work environment (whether sexual, verbal, or other); contract disputes; wage and hour violations (such as overtime or break violations); whistleblower retaliation, qui tam and false claims act cases; and severance agreements and negotiations. My legal services and advice are available to any employee involved in illegal or wrongful termination, assault, battery, defamation, slander, or violation of privacy; or with job concerns regarding medical leave, Occupational Safety & Health Act (OSHA), affirmative action, gay & lesbian rights, Fair Employment and Housing Act (FEHA), labor code violations, Americans with Disabilities Act (ADA), California Family Rights Act, the federal Family Medical Leave Act, Employee Retirement Income Security Act (ERISA), Worker Adjustment and Retraining Notification (WARN) Act, or the Federal Employer's Liability Act. I can be contacted by anyone seeking an attorney for information about employee civil rights, or opportunities for monetary settlement, damages, or personal injury claims. "Employee Rights" is my exclusive focus, and has been for over 15 years.

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