Re: What should the manager do?
There are many ways to handle these situations, but there are at least three common things to be concerned about: the company must have a fair and thorough investigation (hence the built in conflicts of interest in your question); the victim must be protected (separated from further potential harassment); and the accused must also receive fair treatment.
So, in your question, anyone whose judgment will be affected by their own interest - such as Fran (who wants the reco from the accused and is his friend), must be removed from the matter. Someone else should be in charge of the overall claim, and a neutral party, such as an attorney or private investigative company, should handle the internal investigation.
Christine should not have to work for, with, or be exposed to Joseph until after the investigation is complete.
If Joseph is found "not guilty," then the company can ask Christine to return to her normal duties. If she refuses, she can be discharged. (Although that undoubtedly will lead to a law suit.)
If Joseph is found "guilty," he should be disciplined appropriately, depending on the severity of the harassment. Christine and all other employees should be protected from any further potential harassment. For example, Joseph might have all supervisory duties removed.
The terms at play here are "conflicts of interest" (for Fran), sexual harassment and sexual discrimination (Joseph versus Christine), and ethical obligations (on Fran's part as well as the company's).
The investigation should follow the company harassment policy, as long as it is in compliance with the EEOC guidelines and sex discrimination law. For example, the investigation must be thorough but confidential to the extent possible. It should also be as quick as possible, and appropriate action should be taken ASAP.
There should also be training for all employees on harassment, and Joseph may need to be sent for additional training (harassment, sensitivity, managerial, etc.)
Hope that helps.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
jls@sheldonlawfirm.com
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
