What Should You Do if
Comes to Your Business?
2018 Issue 1 | GearedUp
46
Amidst allegations of sexual harassment( and worse) lodged against high-profile individuals in media, banking, hospitality and other industries – resulting in many losing their jobs and a future in their chosen fields – the # MeToo movement has sparked a global conversation about sexual harassment in the workplace. In addition to highlighting the prevalence of harassment across industries – as well as the dynamics of the harassing conduct, which often involves a relationship in which the alleged harasser is in a position of power or authority over the victim whether real or perceived – the # MeToo movement reflects a dramatic change in the general public’ s willingness to tolerate or ignore such conduct. In turn, as its name implies, the movement has encouraged countless victims of such conduct to come forward, breaking free of the fear, apprehension and other factors that silenced so many in the past. Not surprisingly, therefore, many of the allegations implicate conduct that occurred years and even decades ago.
As the # MeToo movement grows and continues to embolden those who previously felt compelled to remain silent, many employers are expected to experience an uptick in workplace harassment complaints. But, as an employer, what do you do if you receive a complaint that, like many of the public accusations driving the # MeToo movement, implicates conduct that happened years ago, or conduct that occurred before the alleged harasser became a manager or supervisor or before he / she was even associated with your business?
An aspect of the # MeToo movement that can present a challenge when allegations of sexual harassment or misconduct arise in the context of the workplace is the increased tendency among many observers to treat the allegations as true prior to any investigation or even a response from the accused. To some extent, this reflects a welcomed departure from the conscious indifference and outright dismissiveness that existed for so long in many industries and workplaces and no doubt enabled much of the conduct that is now coming to light. This is directly contrary to the“ best practice” of investigating complaints by Douglas H. Duerr by Tracy Glanton while supporting, but neither agreeing with or contradicting, the complainant. With many franchisees with locations in small communities or close-knit neighborhoods, the public outcry or local media attention may make it difficult to handle a complaint in a manner that balances the interests of all involved.
A less obvious aspect of the # MeToo movement is that it looks beyond the conduct of the accused harasser and focuses on whether anyone within the organization who was in a position to prevent or end the conduct was aware of it but failed to act or, worse, facilitated or enabled the conduct. This can be a highly significant consideration because it potentially injects current relevance into otherwise stale allegations involving alleged harassers who are no longer associated with the organization. As a consequence, an employer may not be able to avoid investigating a complaint regarding conduct far in the past or that is made against an employee who is no longer employed by or associated with the business.
Regardless of the timing of the complaint or the nature of the conduct alleged, all allegations of sexual harassment or misconduct should be investigated in a manner appropriate to the circumstances, allowing both the accuser and alleged harasser to provide their sides of the story, to identify any witnesses who are able to corroborate or refute the alleged conduct, and to present any evidence supportive