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

Asked almost 2 years 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

    3

    Lawyers agree

    Best Answer
    chosen by asker

    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

    4

    Lawyers agree

    1

    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.

Related Topics

Employment

Employment law governs employee pay, non-discrimination policies, employment classifications, and hiring and firing at the federal, state, and local levels.

Elizabeth Raye Ison

Pantoja v. Anton

In Pantoja v. Anton, a California Court of Appeal (Fifth Appellate District) overturned a trial courts decision to exclude me too evidence presented by the plaintiff; that is, testimony... more

Discrimination in the workplace

Discrimination in the workplace is when one or more employees are treated unfavorably, based on characteristics like age, race, gender, or sexual orientation.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,882 answers this week

2,982 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,882 answers this week

2,982 attorneys answering