When employees complain of harassment, they often ask managers to ‘keep it between you and me’ and not take any action. But a recent court ruling shows why supervisors should always notify HR about possible harassment issues.
An administrative assistant sued for sexual harassment after being exposed to pornography via her boss’s computer.
The man regularly viewed the offensive material in his office, roughly 20 feet from the woman’s desk. She could often see or hear what he was watching.
She brought his conduct to the attention of her department’s manager. According to the company’s harassment policy, the manager should’ve immediately forwarded the accusation to HR.
But he didn’t — because the employee asked him not to file a formal complaint. Still, when the conduct continued, she took the company to court.
‘Keep it between you and me’
Who won the case?
Answer: The employee.
It didn’t matter to the court that the employee asked the manager not to take the complaint to HR — he should have done so regardless. After being notified, the company had a duty to put a stop to the harassment.
The company failed to get the case thrown out, and ended up settling out of court for $100,000.
The bottom line: Managers need to be trained on handling harassment complaints. Even when managers are asked to “keep it between you and me,” they should notify HR immediately so some action can be taken.
As this case shows, granting an employee that request can get companies in big trouble.
Cite: Beem v. County of Madison