Legal Question in Sexual Harassment in Florida

What is the procedure when a person has filed an anonymus letter of sexual harassment to HR and it only states that the person feels harrased and no name is signed on the letter and the person accused has not done anything of that nature rather his postion is to enforce policies which are not welcomed by personnel and it seems that this is a way out for people not to comply and to get rid of the policy enforcer..


Asked on 8/03/10, 4:57 am

1 Answer from Attorneys

There is no set or mandated procedure. Many companies will simply file such a letter. It is hard to investigate anonymous complaints. More cautious companies will take the claim seriously and investigate properly, as if it was a signed complaint. (Especially if there have been other complaints or issues that lend some credence to the claims.) That means getting sworn statements from all who might have knowledge about the allegations or workplace environment as it relates to harassment, and collecting evidence if any such as surveillance tapes, letters, phone logs, etc. Certainly, the accused should be able to respond to the charges if such an investigation occurs, and should not be disciplined at all unless some evidence of harassment or misconduct is uncovered. If no investigation is done, then there is no basis at all to take any action against the accused.

Bear in mind that employees claim harassment all the time. Most of it does not rise to the level needed to make something illegal, but there still may be some conduct that violates company policy or that needs to be addressed. Perception is reality. If the employee feels harassed, she or he is a litigation, morale and productivity risk for the company. So, the matter should be repaired if possible. If nothing else, the company's anti-harassment policy can be re-issued and reiterated to all the employees so everyone - management and the rank and file, know what is expected and how to properly report alleged harassment.

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Answered on 8/08/10, 7:03 am


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