Help! My Employee claims she is being harassed, how do I handle it?

This is a common complaint and problem for employers. Employees go to their supervisor or Human Resources (HR) and use the word “harassment”, it gets everyone nervous followed with questions on how to handle it.
Many employees use this word to provoke action and the employee is often thinking that any type of offensive behavior is illegal workplace harassment.

First you need to work with your HR manager and find out what is really going on. Ask the employee about the behavior, what she thinks the reason for the alleged harassment is. Find out with questioning the employee if she believes it is related to her gender, age, race, religion, a disability or because she has children. If, after thorough questioning, you and HR determine her claim of harassment is not based on any of those protected categories you have a management issue not a legal one. To be an illegal form of employment discrimination, workplace harassment must be based on race, color, religion, national origin, disability, genetics, age or sex.

If you think you have a problem based on a protected category contact InnovaCounsel as soon as possible so that our employment lawyers may help diffuse the problem before it becomes a lawsuit.


46 Responses to Help! My Employee claims she is being harassed, how do I handle it?

  1. PATRICIA says:

    I’M NOT SURE IF THIS IS HARRASEMENT BUT I GET CALLED IN THE OFFICE EVERY 3 TO 4 MONTHS ABOUT THING THAT I’M NOT DOING. LIKE I’M ALWAYS AWAY FROM MY DESK . THATS NOT POSSIBLE BECAUSE I’M THE RECEPTIONIST AND I ONLY LEAVE MY DESK FOR BREAK AND LUNCH.AND A NUMBER OF OTHER THING THAT I DON’T DO AND HAVE PROOF.I’M 66 YEARS OLD AND WORK AT THIS POSITION FOR 5 YEARS. IF UPSETS ME EVERY TIME ITS LYING ABOUT ME.

  2. Joseph says:

    Patricia,
    You should request them provide the dates/times in which they are accusing you of performing/not performing these items. You may want to consider finding a new job if you cannot see eye to eye on it.

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