Repeated complaints about sexual harassment

Repeated complaints about sexual harassment:

Key mistake in response leads to $400K payout

The McDonald Oil Company agreed to pay $400,000 to settle a sexual harassment lawsuit, the EEOC announced in a press release.

According to the EEOC’s lawsuit, the Georgia-based company “ignored frequent complaints from multiple female employees and customers about ongoing sexual harassment by a male employee” who worked in two locations in Alabama.

How NOT to respond to sexual harassment

The lawsuit alleged that “multiple managers” were aware of the alleged harassment, but they failed to respond in a way that corrected “the hostile work environment.” The company’s mistake, according to the EEOC, was that it “chose to transfer the harasser to another store,” where he allegedly continued to harass female employees, rather than address the issue.

Specifically, the suit claimed the accused harasser:

Subjected female employees and customers to unwanted sexual touching
Made sexual comments about their bodies

Asked questions about their sex lives
Solicited co-workers for sex
Disrobed at work, and
Circulated nude and semi-nude photos of himself at work.

Ultimately, the man’s conduct resulted in his criminal prosecution.

The company has agreed to pay $400,000 to five female employees who alleged they suffered “severe mental anguish and emotional distress” due to the ongoing harassment. Under a three-year consent decree, the company will also:

Revise its policies and procedures to prevent future incidents of sex-based harassment
Provide training to managers on proper ways to document and investigate complaints of sexual harassment.
Provide training to employees on their right to work in an environment free from sex-based harassment.

Call Alternative HR!

Ignorance of harassment is not a solid defense for employers anymore.

To help avoid surprise harassment lawsuits, contact us today at 605.335.8198! We can provide the necessary training on what you and your employees need to know about harassment in the workplace.

Information provided by: HR Morning

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When Should You Use a Third Party to Investigate Harassment Claims?

Investigating harassment complaints can be particularly challenging. No one wants to wake up one morning and find their company in the news.

In order to protect the credibility of the process, you may want to consider bringing in an outside investigator like Alternative HR:

When you have no one on staff who has been trained to conduct investigations
When a highly sensitive and/or complex complaint has been raised
When the complaint involves executive and management level staff
When you need an investigator to work with your attorney to maintain attorney client privilege because of potential litigation

Choosing an objective third party not only provides a stronger defense for the employer if a case ever goes to court, it can also make it easier for business leaders to make the right decision, even if it means terminating someone who is a strong financial asset.

to discuss what our team can do to alleviate YOUR

HR headaches!

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