Verbal Reports of Harassment Sufficient to Trigger Need for Investigation
By Brian P. Goodman, Storm B. Larson and Aiyanah Simms
Employers are reminded that it is not appropriate to require all reports of harassment based on protected class to be in writing. Both verbal and written complaints should trigger an appropriate investigation. If a complainant-employee refuses to put a complaint in writing, or states that they don’t want the employer to do anything about the complaint, the appropriate response is to say that the employer has the legal obligation to investigate and stop harassment once it is on notice. The person receiving the complaint can put the complaint in writing for the complainant to review for accuracy and for the organization to then investigate.
A recent case out of Kansas, Juarez v. OPRMC, LLC, illustrates the risk an employer faces for ignoring a non-written complaint. In that case, the court ruled against an employer on an employee’s harassment complaint, in part, because the employer refused to investigate a complaint when the employee didn’t put her complaint in writing as requested by HR. This request was contrary to the company’s own policy, which was explicit that complaints need not be in writing.
Once an employer has knowledge of potential harassment, it must take prompt action to investigate and remediate the situation as appropriate. Failure to do so can lead to legal liability and also fails to properly address the impact the harassment might be having on the complainant and the workforce as a whole.
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