Complaint Of Sexual Harassment In The Workplace

How an employer handles a complaint of sexual harassment in the workplace is largely decided in the first conversation, before any investigation begins.

Do. Listen without interrupting. Thank them. Ask what they want to happen and what support they need. Explain the options, including that they can go external. Confirm what you are obliged to act on regardless of their preference. Put the next step and its timeframe in writing.

Do not. Ask why they did not report it sooner. Ask what they were wearing or drinking. Promise confidentiality you cannot deliver. Suggest mediation, which is not appropriate for sexual harassment. Or move the person who complained, which is a detriment and can amount to victimisation.

The last one is the most common and the most costly. The Australian Human Rights Commission and the Fair Work Ombudsman cover the duties. This is general information rather than legal advice.

See Sentrient’s course for managers and incident reporting software.