Aaa's Sexual Harassment Claims Resolution Process
| Publication year | 1993 |
| Pages | 1217 |
1993, June, Pg. 1217. AAA's Sexual Harassment Claims Resolution Process
Sexual harassment claims traditionally have been handled in an adversary process. Because these situations often involve ongoing relationships, between employee and employer or between co-workers, an inquisitorial approach to ferret out the truth is frequently ineffective. It is difficult to ascertain what the truth is or who is telling the truth. This direct challenge to the veracity of others in the workplace interferes with the parties' future ability to work together. An adversary approach rarely meets the needs of the employer ("Employer"), the person making the accusation ("Accuser") or the person being accused ("Accused").
This American Arbitration Association's ("AAA") Model Sexual Harassment Claims Resolution Process ("Process") has been designed to address the needs of the Employer, Accuser and Accused. For example, incorporated into the Process are the needs of the Accuser for an inexpensive process, a method of initiating the complaint with someone with whom the Accuser is comfortable and a quick response. The Accused's needs to know about the pending complaint and to participate in its resolution are also respected. The Employer's needs to satisfy its legal responsibility to act promptly and effectively in response to a complaint, to avoid litigation and to minimize the disruption such a claim can produce also are recognized and respected. This Process provides the opportunity for resolution before people in the workplace (the Accuser, Accused or others) choose, or are forced, to leave their jobs.(fn1)
The Process was drafted by a working group assembled by the AAA in Colorado.(fn2) The group represented the full spectrum of points of view in this volatile arena of conflict, including large and small employers, unions, members of the plaintiffs employment law bar and lawyers who typically represent management.
The AAA administers the Process to create efficient, impartial and credible resolution of a complaint. The first step is an independent investigation undertaken by a male/female team of neutral fact-finders appointed by the AAA The team produces a comprehensive report. The use of an outside, mixedgender fact-finding team appointed by an impartial administrative agency provides comfort with the fact-finders and the Process, credibility of the Process and ultimate acceptance of the fact-finding report. If the Accuser, Accused or Employer is dissatisfied with the report, the Process next provides for mandatory mediation among them, with a neutral, third-party mediator. If the parties' mediated negotiations end in impasse, the Process provides that the matter proceed to binding arbitration before a single, neutral arbitrator.(fn3)
The Process is initiated when an Employer's designated manager receives any complaint of sexual harassment from or on behalf of an Accuser. In some circumstances, the Accuser will not be comfortable contacting the designated manager. The Process can be initiated by the Accuser's contacting any management person. If someone other than the designated manager receives a complaint of sexual harassment, that person will immediately contact the designated manager.
Typically, the person experiencing the alleged harassment will make the complaint. In other instances, the Accuser may make a complaint about one or more incidents of sexual harassment which the Accuser has observed or has heard about. Either the Accuser or the designated manager will document the complaint, with as many details of the incident or incidents as possible, described in the Accuser's words. The Accuser will be asked to sign the complaint form whether the Accuser or the designated manager prepared it.
Often the Accuser and Accused may each wish to maintain absolute confidentiality. Sometimes, an Accuser will not lodge a charge if confidentiality cannot be guaranteed. In this Process, confidentiality is to be maintained to the greatest extent possible. Confidentiality relates both to the fact that a complaint has been made and to its investigation. The management employee who receives the complaint, the Accuser and the designated manager understand that only those employees with a...
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