Best Practices for Employers Facing a Sexual Harassment Complaint in California

The California Civil Rights Department explains that workers in our state have a right to a workplace environment that is free from sexual harassment. Employers have a proactive responsibility to protect their employees. Companies also need to have a proper system in place to respond to a harassment allegation. Otherwise, there is a serious liability risk. Here, our California employment attorney for employers highlights the best practices when facing a sexual harassment complaint.

Best Practice #1: You Need to Take a Sexual Harassment Complaint Seriously from the Start

It is a big mistake to assume a workplace sexual harassment complaint is “no big deal”, “frivolous”, or “false.” California law requires employers to respond promptly and effectively to sexual harassment allegations. With that in mind, you should never dismiss or downplay an employee’s or contractor’s complaint out of hand—even if it seems informal, minor, or a false allegation. The best practice is to take all sexual harassment complaints seriously. Even a vague concern warrants follow-up.

Best Practice #2: Initiate a Thorough Investigation of the Matter

For employers in California, knowing how to handle a sexual harassment complaint requires knowing what is actually being alleged. Employers should launch a proactive, impartial investigation after receiving a complaint, preferably with an independent professional investigator. If the employer engages in the investigation through its management, and makes errors or fails to follow the law, the employer will be exposed to liability. The investigator—whether internal or external—should be trained and free from bias. Employers should ensure that the investigator documents each step and maintains confidentiality as much as possible. California’s Civil Rights Department (CRD) and courts require that investigations be adequate, objective, and reach reasonable conclusions.

Best Practice #3: Ensure You Have Systems to Avoid Retaliation/Appearance of Retaliation

In California, employees have the right to report sexual harassment without the fear of facing any punishment from their employer. As a best practice, your business or organization needs systems for handling complaints that avoid any actual/appearance of retaliation. Remember, FEHA strictly prohibits retaliation against an employee who reports harassment or participates in an investigation. Employers must actively prevent retaliation—not just after a complaint is made, but throughout the process. A retaliation claim often can create separate legal liability.

Best Practice #4: Provide Interim Measures to Ensure Safety (As Needed)

While an investigation is underway, take temporary steps to protect the complainant without penalizing them. Options may include adjusting schedules, changing reporting lines, or placing the complainant or the accused on leave, with pay. Make sure that these measures are not perceived as punishment by the accuser. Communicate with them that the employer’s goal is to preserve a safe and respectful environment during the process.

Best Practice #5: Be Prepared to Take Appropriate Action

The best way for employers to avoid sexual harassment liability is to prevent the harassment in the first place. The next best option is to respond to the problem immediately and remedy it. If misconduct is confirmed, implement appropriate disciplinary or corrective action.   

Consult With Our California Employment Lawyer Today

At Sloat Law Group, APC, our California employment lawyers have the professional experience that you can trust. If your business or organization is facing a sexual harassment complaint, please do not hesitate to contact us today for a fully confidential consultation. Our firm works with employers in Coachella Valley, Riverside County, and throughout all of California.

Source:

calcivilrights.ca.gov/wp-content/uploads/sites/32/2020/03/Sexual-Harassment-Fact-Sheet_ENG.pdf