Avoiding pitfalls while investigating sex harassment.

• Author: Holland, Patricia L.

It has been more than a decade since Anita Hill's allegations that U.S. Supreme Court nominee Clarence Thomas had sexually harassed her when they worked together launched the issue into the public consciousness. Arguably, the confirmation hearings resulted in a raised "national conscience" regarding the subject. Despite the fact that policies now exist in most workplaces, claims of harassment and resulting litigation continue to increase.

How serious is the problem? An American Management Association survey of more than 500 companies found that 52% had dealt with allegations of sex harassment in the preceding five years and that nearly 60% of the complaints had resulted in disciplinary action. In a survey by Working Woman Institute, 70% of the women surveyed responded that they had been harassed during their careers. The number of sex-harassment charges filed with the Equal Employment Opportunity Commission increased from approximately 6,000 in 1990 to 15,475 in 2001.

Ignoring harassment issues is bad business judgment. Complaints cost employers millions of dollars per year in settlements, judgments, attorney fees, absenteeism, unproductive work and bad publicity. How do you minimize the risk of a complaint turning into a staggering financial and morale problem?

A prompt and thorough investigation of all complaints is essential to preventing or limiting liability. The manner in which a company handles a harassment complaint is a significant factor in determining whether it will be held liable for its employee's inappropriate conduct. Here are some guidelines to help you avoid pitfalls that the unwary employer can encounter:

* Act promptly. The first and foremost rule is to take prompt action. The law is clear that when an employer receives notice of a harassment complaint, it has a duty to conduct a prompt and thorough investigation. Prompt means now -- not next week. The EEOC and the courts look favorably on an employer's prompt effort to resolve the complaint. Conversely, dawdling-can be used as evidence that the employer did not take the complaint seriously.

A complaining employee may suffer increased emotional distress the longer a resolution of the complaint is delayed, which can result in a significant increase in the value of a lawsuit. The workplace environment can be significantly disrupted if harassment is allowed to continue. Evidence may be lost, witnesses may leave for other jobs, and memories of witnesses may fade as time...