If you’ve been in the security guard industry for more than a year, then you’ve probably heard stories of security guard companies going out of business because of sexual harassment lawsuits. Defending those types of lawsuits can be INCREDIBLY expensive, especially if more than one employee is involved. As a result, make sure that you addressing sexual harassment claims as soon as you receive them. Here are a few tips to follow when you are conducting an internal sexual harassment investigation.
1. The Pen is Mightier than the Sword
When conducting a sexual harassment investigation it is extremely important that you document EVERYTHING. Most sexual harassment investigations will typically turn into situations where it’s ‘he said’ ‘she said’. As a result, every memo, disciplinary statement, or supervisor’s note will probably be entered into evidence if you have to go to court. Make sure that everything is accurately documented and will hold up to scrutiny.
2. Be Familiar with the EEOC Guidelines
Many security guard companies mistakenly believe that if a charge of sexual harassment is completely baseless, then the Equal Employment Opportunity Commission (EEOC) will refuse to investigate it. Unfortunately, that’s not the reality. As a precaution, make sure that you understand the EEOC guidelines on conducting an effective inquiry. Many employees’ attorneys will first try to attack an employer’s investigation by showing how it fell short of those guidelines
3. Follow Your Company’s Sexual Harassment Procedures
When a complaint is first filed, be sure that your response is dictated by your company’s guidelines. Your company should already have protocols in place, but if you don’t you can refer to the EEOC’s guidelines. Their guidelines will clearly outline the right legal steps for your organization to take.
4. Take Steps to Ensure That There is No Retaliation
Everyone involved in the case should be immediately notified that any form of harassment or retaliation against the officer who made the claim, or anyone who participated in the investigation, will not be tolerated. Most importantly, ensure that you have documented that you’ve made that statement to the involved parties.
5. Act Quickly
In order to avoid the alleged victim being able to say that you intentionally dragged your feet, make sure that you start your investigation promptly. If there is a legitimate delay, ensure that you have documented those circumstances.
6. Be Consistent with Your Sexual Harassment Policy
As tempting as it might be to do otherwise, make sure that in any investigation conducted that similar incidents always result in similar discipline. Even if the harassment was perpetrated by your best supervisor, security officer, or VP of Operations they must be disciplined like any other employee accused of similar conduct.
7. Talk to an Attorney
Most importantly, if you don’t have internal counsel, seek assistance from attorneys who specialize in sexual harassment cases. They will be able to walk you through the process of opening, conducting, reviewing, or mediating an investigation.
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