Does HR Have to Investigate Harassment?

According to a multitude of federal laws, your employer is legally obligated to take harassment complaints seriously.

If you have experienced workplace sexual harassment, you might be somewhat pessimistic about reporting your experiences to HR. After all, this is the same organization that allowed you to be sexually harassed at the workplace. Your HR department may have even hired a known sexual predator, thereby putting you and your fellow workers at risk. So why should you even trust them? What’s the point of reporting harassment to your HR department? Are they even legally obliged to investigate these incidents?

To receive clear, concise answers, you can speak with one of the many Las Vegas sexual harassment lawyers in your area. These lawyers can provide you with targeted, effective legal advice, allowing you to approach this difficult situation with confidence and efficiency. During a consultation with Nevada sexual harassment lawyers, you can learn more about your rights as a worker. You can also discover more about your employer’s legal obligations and duties. 

Your Employer is Legally Required to Investigate Incidents of Alleged Harassment

According to a multitude of federal laws, your employer is legally obligated to take harassment complaints seriously. Title VII (1) states that if an employer becomes aware of a report of harassment, they must investigate these incidents and determine whether further action should be taken. 

Other laws such as the ADA, the Age Discrimination in Employment Act, the Occupational Safety and Health Act (2), and the Sarbanes-Oxley Act also state that employers are required to take action when faced with complaints. Finally, there are additional state and local laws that can force employers to investigate instances of misconduct, such as sexual harassment. 

If they fail to do this, you can sue them for violating employment laws. Of course, you can also sue them for allowing the sexual harassment to take occur in the first place, but an employer’s failure to correct the issue gives you additional ammunition in court, raising the chances of a successful outcome and a considerable financial settlement. 

You Can Also Sue the HR Department

In certain situations, you may also have the chance to sue not only your employer as a whole, but also the employer’s HR department specifically. In many cases, you may be able to sue individuals within that HR department – especially if they were in charge of hiring your abuser or making the clear decision not to investigate your harassment. In other words, it is in the HR department’s best interest to investigate your report. 

Where Can I Find a Las Vegas Sexual Harassment Lawyer Near Me?

Make no mistake: you are fully within your rights to sue your employer if they fail to investigate instances of sexual harassment. Your employer has a legal duty to take these complaints seriously, and they can be held accountable for creating hostile work environments, allowing harassment to continue, and failing to correct issues when they arise. Book a consultation with one of the many sexual harassment lawyers in your area and explore your legal options. 

Sources:

1. https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964#:~:text=Title%20VII%20prohibits%20employment%20discrimination,L.&text=Be%20it%20enacted%20by%20the,Civil%20Rights%20Act%20of%201964%22.
2. https://www.osha.gov/laws-regs/oshact/completeoshact