Consideration of these factors may lead the employer to decide that certain interim measures are necessary and/or advisable. Such measures might include, but are not limited to: • placing the alleged harasser on administrative leave; • placing the complainant on administrative leave, if the complainant so requests; • transferring the alleged harasser, or the complainant if she requests, to a different
• area/department or shift so that there is no further business/social contact between the complainant and the alleged harasser; • instructing the alleged harasser to stop the conduct; and • eliminating the alleged harasser's supervisory authority over the complainant. During the investigation, the employer has a duty to take the necessary steps to eliminate from the workplace the harassment about which the complainant has complained. 95 The fact that it may be burdensome for the employer to take such action does not diminish this duty. 96 The employer should monitor any interim measures that it takes throughout the investigation. Monitoring may include assessing whether the interim measures meet the goals of preventing ongoing harassment, protecting the safety of the parties and preventing retaliatory conduct. Reaching a Determination After the employer's investigation is complete, the investigator should prepare a final written report documenting his or her findings. Generally, the investigator's report should detail the steps the investigator took in examining the complainant's allegations and should explain any conclusions the investigator has made. The employer should inform the complainant and the alleged harasser of its findings in the matter. If the employer concludes that sexual harassment has occurred, 97 the employer must take prompt and appropriate remedial action designed to end the offending conduct and prevent future harassing conduct. 98 R egardless of the investigator's findings, the employer should make follow- up inquiries to ensure that the conduct has not resumed and that neither the complainant nor any witnesses interviewed during the investigation has suffered any retaliation. Appropriate Remedial Action When an employer concludes that sexual harassment has occurred, the employer must take prompt remedial action designed to end the harassment and prevent future harassment. What constitutes appropriate remedial action depends upon the circumstances. Appropriate remedial action should reflect the nature and severity of the harassment, the existence of any prior incidents, and the effectiveness or lack thereof of any prior remedial steps. Generally, remedial action consists of the following: • promptly halting any ongoing harassment; • taking prompt, appropriate disciplinary action against the harasser; • taking effective actions to prevent the recurrence of harassment, including conducting a sexual • harassment training where appropriate; 99 a nd • making the complainant whole by restoring any lost employment benefits or opportunities. 100
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- Winter '16
- james bina