Disciplinary and Harassment Investigations

harasser on the premises. Employee refused to work at the same time as the harasser and was terminated shortly thereafter. 154

The Court found that while employer may have acted promptly in investigating employee’s complaints, a jury could reasonably conclude that it failed to then take effective remedial measures. For example, employee alleged that the harassment continued even after he filed a verbal complaint and management met with the alleged harasser to address the issue. In addition, despite initially separating the men, employer later had them work at the same time.

This case is an important reminder that an agency’s failure to promptly and effectively stop harassing conduct can create liability. Simply investigating a complaint is not enough; the employer must also take remedial steps to resolve the harassment and prevent it from continuing.

LCW Practice Advisor

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