Is an employer legally required to provide a harassment complaint process?

Asked over 1 year ago - Los Angeles, CA

In what way could an employer act outside of the requirement of Title VII Civil Rights Act of 1964, as amended to promptly investigate claims of harassment and sexual harassment?

Attorney answers (2)

  1. David Gary Jones

    Contributor Level 11

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    Answered . The law does require employers to investigate harassment claims, and places upon the employee an obligation to investigate claims when they receive reasonable notice of a a complaint. Upon notice, the employer is obligated to take all reasonable steps necessary to halt any harassment.

    “An employer whose sole action is to conclude that no harassment occurred cannot in any meaningful sense be said to have “remedied” what happened. Denial does not constitute a remedy.” Fuller v. City of Oakland (9th Cir. 1995) 47 F.3d 1522.

    Please check the law of your state
  2. Richard Edmund Hawkins

    Pro

    Contributor Level 16

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    Answered . Does "outside" mean "What extra", or that you think it too too long.

    There is a heavy level of "reasonable" involved--"prompt" does not mean "before lunch", nor does it mean, "within three years."

    For a very small employer to have an established "process" might be asking a bit much--but the complaint still needs to be investigated.

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