Question

Explain the ethical and legal considerations of a business protecting its employees (the accuser, the accused, and other employees in the company) while a workplace sexual harassment investigation is underway. Does your answer change if the allegation is a widely known scandal-making front page news?

Answer 1

Sexual harassment cases have increased exponentially in the last decade. Organizations must tackle any incidents of sexual harassment very seriously and with high priority irrespective of the degree of seriousness.

General obligations of the company:

1. Make sure to make the employees aware of the harassment policy and precautions of being found guilty.
2. Make sure to keep the incident as confidential.
3. Make sure the accuser is safe from retaliation.
4. Listen with care and document the conversation thoroughly.
5. Keep the documents safe.

In case of sexual harassment, companies should work as per the law. This is the foremost ethical obligation. They should not try to curb the voice of the victim.

Further, the most ethical obligation is to keep the incident secret.

Obligation of the company towards the accused:

• Provide opportunity to prove his/her innocence.
• Write down the explanation of the accused thoroughly and conduct proper research.

Obligation of the company towards the accuser:

• To take the complaint of accuser in written.
• Report the incident to the proper committee and initiate proper action.
• Do not retaliate the accuser
• Keep the incident confidential.

Obligation of the company towards the employees:

• Make the handbook available to the employees.
• Train HR for such situations.
• Educate the employees.

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While any sexual harassment investigation is underway, a company should try to make the things as much confidential and available to the concerned people only. It should immediately initiate the proper course of action to resolve the matter at the earliest. It should not give favorable treatment to anyone in such cases. It should make the information available to the committee without any bias.

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No, the answer should not change if the allegation is a widely-known scandal-making front page news. It is because everyone is equal in the eyes of the law. Everyone holds an equal employment opportunity right. By changing the answer, the company would violate the law.

There is no use of the policy if someone can do anything and go ahead without any questions asked.