Doing Nothing in Response to a Report of Sexual Harassment Could Cost you Millions
Conduct does not have to be direct to be severe or pervasive to rise to the level of hostile work environment. In other words, it may not be necessary for the employee to personally witness the inappropriate behavior. It is also not necessary that the harassment be prolonged or happen more than once. The standard is severe or pervasive. Even a single incident can constitute harassing conduct if it is bad enough and creates a hostile work environment.
Things to remember when an employee complains about potential harassment:
An employer's delayed response or lack of response altogether to a report of inappropriate workplace conduct could turn conduct that may not ordinarily rise to harassment into an actionable harassment claim.
An employer's perceived inadequate response to a claim of harassment can play a key role in a jury's determination of liability and damages.
Employers should strive to make a prompt and sincere response to a report of workplace misconduct.
Consider measures outside of disciplinary action for the alleged wrongdoers when implementing corrective actions (such as a workplace announcement reminding employees of company policy, an announcement asking employees to refrain from engaging in some problematic activity, or a mandated training course).
This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship.
For more information on this and other topics, please contact Kevin via any of the channels listed below:
📧 kevin@kmckernan.com | 📞 718-317-5007