When an employee reports sexual harassment, investigating the allegations and determining whether workplace policies were violated has to be a focus. However, employers also need to pay close attention to what happens after the complaint. A poorly handled response can create a valid retaliation claim even if the original harassment allegations cannot be substantiated.
Employees are generally protected from retaliation for reporting suspected harassment or participating in an investigation. That does not mean an employee who makes a complaint is protected from legitimate discipline and performance management. Employers should, however, make sure those decisions are based on legitimate business reasons and are handled consistently.
Retaliation can take many forms
Retaliation does not necessarily mean firing or demoting an employee. Depending on the circumstances, concerns may arise from changes involving:
- Work schedules or assignments
- Performance evaluations
- Promotions or advancement opportunities
- Discipline or increased scrutiny
- Transfers to less desirable positions
- Treatment by supervisors or coworkers
Timing can be particularly important. A disciplinary action or unfavorable change that occurs shortly after an employee reports harassment may raise questions about the employer’s motivation, especially if the employee was treated differently before making the complaint.
Employers should also remember that retaliation protections may extend to employees who participate in an investigation or provide information supporting another employee’s complaint.
Continue addressing legitimate workplace issues
A harassment complaint does not prevent an employer from addressing genuine performance or conduct problems. If an employee has attendance, productivity or behavioral issues, the employer can generally continue addressing them.
Documentation and consistency become especially important. Employers should be able to explain the legitimate reason for an employment decision and demonstrate that similar situations have been handled in much the same way. Managers should also understand that retaliation can occur informally. Hostile comments about the complaint, deliberately making an employee’s job more difficult or encouraging coworkers to exclude the employee may create additional problems.
Take steps to prevent retaliation
Employers can reduce risk by maintaining a clear anti-retaliation policy, training supervisors and monitoring the workplace after a complaint. Follow-up may be especially important when the employee continues working with the accused individual or under the same management.
Professional legal guidance can help address a sexual harassment claim and protect a business’s reputation while still allowing employers to make necessary workplace decisions.