Sexual harassment claims are a constant risk for employers. While an employer cannot completely insulate itself from such claims, there are steps that can be taken to lessen that risk and possibly protect itself from liability for such claims. 

Initially, an employer should have a policy prohibiting sexual harassment in the workplace. That policy should set forth the types of conduct that are prohibited. The policy should have an avenue for employees to report any alleged harassment. The policy should provide more than one avenue to report harassment in case the alleged harasser is one who is designated to receive reports of harassment. The policy should also make clear that all reports will be kept confidential to the extent possible and that there will be no retaliation for a report of alleged harassment. 

If an employer receives a report of harassment it should always be taken seriously. The employer should have a designated person(s) who investigates such claims, and the investigation should begin promptly. After interviewing the claimant, the investigator should interview anyone the claimant identified as a witness or other individuals working in the area who may have had the opportunity to witness the alleged harassment. The alleged harasser should also be interviewed. 

Once the interviews have been conducted, if the investigator believes the alleged harassment occurred, the alleged harasser should be disciplined. The law requires the employer take reasonable steps to prevent the harassment from occurring again. In other words, the punishment should fit the crime. If it was one isolated off-color comment which the claimant found offensive but does not otherwise have an issue with the perpetrator, it may be sufficient to merely reprimand the employee and instruct him or her on proper conduct. On the other hand, if the harassment has been more severe or pervasive, transferring the perpetrator to another position away from the claimant, or even terminating his or her employment, may be appropriate. Both individuals should be informed of the decision and the claimant should be encouraged to report any further issues. 

If the harassment cannot be confirmed, both individuals should also be notified of the findings. However, the alleged perpetrator should be warned that any inappropriate conduct could lead to disciplinary action and that the organization will be monitoring the situation. It is important that the claimant not feel that the investigator did not believe him or her. Instead, the investigator should inform the claimant that the allegations could not be independently confirmed but that the situation will be monitored very closely and that the claimant should report any further issues immediately. 

Following these guidelines will hopefully discourage claimants from taking legal action if they feel the employer is taking their complaints seriously. Furthermore, if an employer follows these guidelines and does take reasonable steps to stop alleged harassment, as a matter of law, it may be able to insulate itself from any liability due to alleged sexual harassment by one of its employees.