Disciplinary and Harassment Investigations

T AKING C ORRECTIVE A CTION

Section 9

Appropriate corrective action takes place after, and relies upon, the findings of a timely, thorough and completed investigation. Thus, in one sense, “corrective action” goes beyond the scope of a workbook that addresses the investigation process. But, an agency’s ability to defend its remedial steps (or decision that remediation is not warranted) will depend on the quality of its underlying investigation. Additionally, it is important to remember that harassment investigations are not just legal obligations, they are essential tools for identifying the appropriate discipline and remediation in a particular situation. Given this close nexus between the investigation process and the remedial process, we address briefly here the post-investigation “corrective action” step. For a more detailed discussion of disciplining and remediating harassment, please see our workbook Preventing Workplace Harassment, Discrimination and Retaliation. A. P ROMPT AND E FFECTIVE R EMEDIAL A CTION Employers have an affirmative duty to “take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under Title VII, and developing methods to sensitize all concerned.” 139 In addition, agencies must take corrective action if the investigation findings reveal that harassment in violation of the agency’s policy occurred. This remedial action must be:

 Reasonably calculated to end the harassment, and

 Deterring future harassment-by the same offender or others. 140

B. T YPE OF C ORRECTIVE A CTION

The type of corrective action taken depends on the following factors:



The seriousness of the offense;

 The agency’s ability to stop the harassment;

 The likelihood that the remedy will end the harassment;

 The remedy’s ability to persuade potential harassers to refrain from unlawful conduct. 141

Disciplinary and Harassment Investigations ©2020 (s) Liebert Cassidy Whitmore 74