Preventative & Corrective Measures for Supervisor Harassment

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  • 0:01 Sexual Harassment
  • 0:45 Corrective &…
  • 1:09 Examples of Measures
  • 3:09 Duty of Reasonable Care
  • 4:00 Lesson Summary
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Lesson Transcript
Instructor: Shawn Grimsley

Shawn has a masters of public administration, JD, and a BA in political science.

Sometimes the best sexual harassment policies cannot stop sexual harassment. However, what they can do is to take appropriate corrective and preventative measures when it does occur. In this lesson, you'll learn how this can be done.

Steps After Sexual Harassment Determination

Haley is a human resource specialist at a mid-sized company who has just completed a sexual harassment investigation. She is meeting with Chris, the vice president of human resources, to discuss the findings and recommend appropriate action. Haley informs Chris that the investigation confirmed that one of the company's managers engaged in quid pro quo sexual harassment, where the supervisor demanded a sexual favor from an employee in exchange for an employee benefit or to prevent an adverse employment action. After reviewing Haley's report, Chris concurs with Haley's determination and asks what remedial steps she recommends.

Corrective & Preventative Measures Defined

Haley recommends that the company take immediate corrective and preventative measures. According to the Equal Employment Opportunity Commission (EEOC), corrective and preventative measures are measures taken to stop the sexual harassment, correct the negative effects of the sexual harassment and to prevent sexual harassment from occurring in the future.

Examples of Corrective and Preventative Measures

Chris asks what options are available to correct and prevent the sexual harassment. Haley tells Chris the first thing to do is to make sure that the supervisor at issue stops harassing the victim, and this may include disciplining the harasser. According to the EEOC, appropriate actions that may stop harassment include:

  • Warning or reprimanding, both written and oral
  • Reassignment or transfer
  • Demotion
  • Wage reduction
  • Suspension
  • Discharge
  • Harasser training or counseling to ensure that he or she understands why his or her conduct violated the employer's anti-harassment policy
  • Monitoring the harasser to ensure that the harassment stops

It's important to note that any discipline levied against the harasser should be proportional to the severity of the sexual harassment. Since quid pro quo harassment by a supervisor is pretty serious, all of these options, including discharge from service, are probably viable choices.

Haley reminds Chris that stopping the harassment is only part of the solution. The company must also correct all the negative effects that the harassment may have caused the victim. According to the EEOC, corrective actions that can undo the harm created by the sexual harassment may include:

  • Restoration of leave that may have been taken because of harassment
  • Expungement of negative evaluation(s) that arose from harassment
  • Reinstatement
  • Harasser apology
  • Monitoring employee treatment to ensure that he or she is not subjected to retaliation by the harasser or others
  • Correct harm caused by the harassment (e.g., compensation for losses)

Some or all of these measures may need to be taken based on the individual circumstances of each case.

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