Comments on: Sexual Harassment (Round 2), Quirky Question # 5 http://quirkyemploymentquestions.com/sexual-harassment/sexual-harassment-round-2-quirky-question-5/ Real-Life Employment Law Tue, 17 Jan 2012 09:34:58 +0000 hourly 1 http://wordpress.org/?v=3.0.4 By: Guest 1 http://quirkyemploymentquestions.com/sexual-harassment/sexual-harassment-round-2-quirky-question-5/comment-page-1/#comment-28 Guest 1 Tue, 30 Oct 2007 23:51:24 +0000 http://quirkyquestions.contact2client.com/uncategorized/sexual-harassment-round-2-quirky-question-5/#comment-28 Response # 1: Regarding QQ#5, I think one could simply draw the conclusion that the Company's prompt remedial measures in response to the initial complaint seemed to have worked. Whether it was a matter of misunderstanding, miscommunication, or just the need for some education, it could be that the executive has come to understand the boundaries of permissible conduct and both parties are putting this incident behind them and simply getting on with their professional relationship. In other words, sometimes these remedial measures actually do work. Now, that said, I think it might be appropriate for someone in HR to check back in with the complaining employee. In fact, it is probably a "best practice" to check back in with a complaining employee after some period of time, to make sure that the initial situation has been taken care of and/or there are not new problems. In the course of checking back in, I would propose that the HR person allude to the fact that the complainant and the executive appear to be working and spending time together -- not in an accusatory way, just as a matter of observation. The HR person could say something positive like, we hope that means the previous issue between the two of you has been satisfactorily resolved and maybe also remind the employee about her right to be free from retaliation, etc. -- something to open the door to the employee, in case she had something more she wanted to report. If the employee says everything is fine, I would make a note to the file about this conversation. Response # 1: Regarding QQ#5, I think one could simply draw the conclusion that the Company’s prompt remedial measures in response to the initial complaint seemed to have worked. Whether it was a matter of misunderstanding, miscommunication, or just the need for some education, it could be that the executive has come to understand the boundaries of permissible conduct and both parties are putting this incident behind them and simply getting on with their professional relationship. In other words, sometimes these remedial measures actually do work.

Now, that said, I think it might be appropriate for someone in HR to check back in with the complaining employee. In fact, it is probably a "best practice" to check back in with a complaining employee after some period of time, to make sure that the initial situation has been taken care of and/or there are not new problems.

In the course of checking back in, I would propose that the HR person allude to the fact that the complainant and the executive appear to be working and spending time together — not in an accusatory way, just as a matter of observation. The HR person could say something positive like, we hope that means the previous issue between the two of you has been satisfactorily resolved and maybe also remind the employee about her right to be free from retaliation, etc. — something to open the door to the employee, in case she had something more she wanted to report.

If the employee says everything is fine, I would make a note to the file about this conversation.

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