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Sexual Harassment & Minors
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
A minor employee makes a complaint against a manager of sexual harassment. Company is investigating. Are we (The Company) responsible for notifying the parents in any/all investigations, findings, etc
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Sexual Harassment & Minors
posted at 7/19/1999 7:56 PM EDT
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Posts: 2
First: 7/19/1999 Last: 11/3/1999 |
A minor employee makes a complaint against a manager of sexual harassment. Company is investigating. Are we (The Company) responsible for notifying the parents in any/all investigations, findings, etc.? |
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Sexual Harassment & Minors
posted at 7/19/1999 8:21 PM EDT
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Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
I would think not. As an employer, you have a primary responsibility to ensure that the harassment stops and does not recur. That's it. The object is not vindication or anyone's interpretation of justice although some form of discipline may be warranted.
The alleged harasser has rights also, namely, privacy. As long as your company acts quickly and appropriately, there should be no reason to share the investigation, other than to cooperate with criminal charges launched by the parents or guardian of the minor. Check with you company's attorney, to make sure there's nothing indigenous to your state that would force you to share an investigation outside, I'd be afraid of defamation, libel,breach of privacy issues, and having your investigatory procedures scrutinized by the accused's attorney. |
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Sexual Harassment & Minors
posted at 7/19/1999 10:24 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
Jim is right about coordinating with your company's attorney on this one. In addition to the issues he mentioned to protect the accused's rights, I would want analysis of your obligations under state law, if any, to apprise the parents, either now or later in the investigation, depending on what the evidence is, and the inferences your Company draws from the evidence. Are there allegations of criminal conduct here, which might trigger additional obligations? Even if the allegations raise no such concerns, keep these issues in mind as the investigation progresses. If any disclosure obligations do arise, you will need to satisfy them in such a way as to preserve your obligations to the accused and protect his privacy interests, freedom from defamation, etc. |
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