Mindy Chapman, Esq., Mindy Chapman & Associates

Mindy is a nationally recognized authority in EEO laws and is a contributing editor to the HR Specialist: Employment Law monthly newsletter. She is highly regarded for her workplace compliance training that “clicks and sticks,” because it is practical and memorable. She is also the coauthor of the American Bar Association’s bestseller and authority on civil rights training, “Case Dismissed! Taking Your Harassment Prevention Training to Trial."

The Society for Human Resources Management (SHRM) has recognized Mindy as one of its Top Ten Speakers nationally. She has trained extensively in all industries at all levels of the workforce—from boardroom executives to managers and supervisors and to hourly employees in union and non-union environments.

View all articles by Mindy Chapman, Esq., Mindy Chapman & Associates

The court focused on how the employer “responded promptly and effectively” to the complaints by conducting a thorough investigation and following up with significant disciplinary measures. Even though the manager was only demoted and the plaintiffs wanted him fired, the court held those steps “achieved the goal of preventing further harassment. (Remember, if an organization does not take tangible employment action against the employee like a demotion, the employer can assert the defense they took “reasonable care.” In this case, reasonable care was a prompt investigation.)

Lessons Learned ... Without Going to Court

• React. Take prompt and effective action.
  
  
• Immediately. As in the same day you get wind of the problem, start the investigation now, this minute, even sooner if you can. Time is of the essence.
  
  
• Be thorough. Your investigation needs to be strategic and get completed timely.
  
  
• Discipline. While it does not always have to end in a termination, it must have a significant impact on the harasser that will make the harasser never do it (or anything outside your anti-harassment policy) again. It is suppose to be an “ouch” not something merely like a painless verbal reprimand and a perfunctory note to the harasser’s employment file.
  
  
• Monitor for retaliation. Make sure anyone making a complaint knows about the anti-retaliation provision under your policy.While this court did not discuss it (because there was no retaliation claim), remember the US Supreme Court made the standards easier for employees to win retaliation claims. Thus, it is important employees know how to report retaliation, if they experience it.

Other quick lessons: First, the court noted the defendant had a comprehensive anti-harassment policy posted in every department. Do that. It helps, not hurts. Second, the court stated, “A working environment need not be ‘hellish’ to be hostile” in order to bring a lawsuit. Some employers still think things have to be really, really, really bad before doing something to stop it. Don’t fall into that liability trap!