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

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?

Los Angeles, CA -

Attorney Answers (2)

David Gary Jones

David Gary Jones

Employment / Labor Attorney - Woodland Hills, CA
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
Richard Edmund Hawkins

Richard Edmund Hawkins

Chapter 11 Bankruptcy Attorney - Las Vegas, NV
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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