Supervisors Must Follow Internal Harassment Reporting Policies
By Mai Chao Chang
Supervisors hold important responsibilities with respect to discrimination and harassment policies. If a supervisor fails to comply with the policy, it can be a valid basis for an adverse action such as demotion, discipline, or termination against the supervisor.
In Alley v. Penguin Random House (7th Cir. 2023), Penguin Random House had a policy that required all supervisors to report any allegations of sexual harassment to HR. When Alley was promoted to a supervisor position in the warehouse, she was provided with the policy and received training. Alley later received a report that an employee, Guzman, was a victim of sexual harassment by a different employee, Lillard. Alley began independently investigating the matter. However, Alley did not report the harassment to HR.
Eventually, other employees made a report to HR that Guzman was a victim of sexual harassment. HR talked to Alley who admitted that she was aware of the allegations from Guzman but hadn’t reported them. The following week, Alley reported that she too had been sexually harassed by Lillard. Following an investigation, Lillard was terminated. Penguin Random House then demoted Alley from her supervisor position for failing to report Guzman’s sexual harassment to HR. Alley sued alleging retaliation under Title VII.
The Court held that Alley’s commencement of an independent investigation was not protected activity under Title VII, especially because she failed to report the harassment as required by policy. Additionally, even if her private investigation constituted protected activity under Title VII, failing to follow the company’s reporting process for sexual harassment was a non-retaliatory reason for its decision to demote Alley. This case serves as a good reminder that HR should ensure that supervisors receive training on harassment and discrimination policies, so that supervisors can be held accountable if they fail to comply with those policies. A good harassment policy only works if employees use them consistently and properly.
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