Author: Roy Ginsburg, Dorsey & Whitney, LLP
Topic area: Employment law
Blogging since: October 2007
Post excerpt from October 25, 2010: A question from an HR director about her company’s sexual harassment policy:
“The policy makes clear that an employee who feels as though he or she has been harassed should report the problematic conduct to our director of human resources. The policy also provides that, if more convenient . . . the employee also can report the harassing behaviors to anyone else in management.
“One of our employees recently filed a charge of discrimination with the EEOC. She claims that she was sexually harassed by the director of business development . . . . In her charge, she contends that she directly confronted this individual and advised him that his behaviors were unwelcome. She also stated in her EEOC charge that her direct communications with this individual constituted her ‘report’ of sexual harassment to company management. Surprise, surprise, our director of business development never said anything to anyone else about this harassment ‘complaint.’ Is this legit? Can the sole report of the harassment by the alleged victim of the harassment be made to the harasser?”