How to Handle a Complaint of Harassment

What do I do if an employee can't or won't put a harassment complaint in writing when my handbook says it must be in writing?

While it is a good idea to get all complaints in writing when possible, requiring it is not something we recommend. There may be literacy issues or cultural issues or other reasons why an employee can't or won't put concerns in writing.

If an employee comes forward with a report of what he/she believes is harassment or discrimination, it is a good idea to ask him/her to write down whatever he/she is able to and comfortable with writing. You may get only dates and some names of witnesses or you might get the entire story. Anything is better than nothing in writing.

If the employee does not put it in writing, then the supervisor/manager should collect enough information to pass along to the appointed organizational contact who deals with such reports.

This information might include things such as the following:

• "What was done/said?"
• "Who was involved including participants and witnesses?"
• "When it happened including all incidents where similar things occurred."
• "What the reporting employee did about the incident and what he/she may have done about previous incidents."

The supervisor/manager should not attempt to conduct an investigation. This information should be passed along IMMEDIATELY to the appropriate persons for review and possible action.

The supervisor/manager should also tell the employee:

• "Thank you for bringing this to the company's attention."
• "Only those who need to know will be advised of this issue." DO NOT PROMISE CONFIDENTIALITY.
• "The company takes these actions seriously and will review promptly."
• "No retaliation against the reporting employee will be allowed and he/she should notify the supervisor/manager if there are any such instances or if the reported actions continue to occur."

We recommend training on Harassment and Discrimination Prevention in the Workplace for all employees. If you have not yet scheduled your company for this training and would like to do so, you can contact TPO for either a customized training course for your company or information on our Open Enrollment Classes.

TPO is an award-winning firm established in 1991 made up of a group of highly experienced, nationally certified HR experts and trainers. TPO is licensed by the State of California (PI-25638) to provide investigative services. For more information, please contact us at 800-277-8448 or visit our web site www.tpohr.com.

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2011 TPO Human Resource Management. No part of this article may be reproduced, excerpted or redistributed in any form without express written permission from TPO Human Resource Management.