Do not avoid taking action because an employee asks you not to. At the very least, document to the file that a complaint was brought and the employee asked you not to investigate. The better course of action is for the employer to advise the employee that it has a legal obligation to investigate complaints. The employer should assure the employee that it will keep the investigation as confidential as possible and that it will not retaliate against the employee in any way for bringing the complaint. Conclusion Sexual harassment continues to be a heavily-litigated area.
More conduct constitutes sexual harassment and more classes of individuals can cause it.
The good news is that employers can and should protect themselves by having policies and complaint procedures in place. By taking prompt, remedial action, an employer can avoid liability, even if the harassing conduct has occurred. She works on a wide range of labor and management matters, including employment discrimination, sexual harassment, wage and hour issues, and public employment. Ms. Ciesla Bancroft is a graduate of Swarthmore College and The Washington College of Law at American University, Washington, D.C., and a member of the Pennsylvania, New Jersey and Washington, D.C. bars.