As an HR pro, you know quick response to harassment complaints is key to staying out of court. But what if the employee and HR don’t agree on how the complaint should be handled?

That issue came up in this recent, real-life case. Here’s what happened:

An employee complained her boss subjected her to sexual advances and foul language. When the HR manager interviewed the rest of the department, no one could substantiate the claim.

But the company offered to send the alleged harasser to counseling and extra training, as well as keeping a close watch on his behavior in the future. The employee said the boss should be fired. So the company offered her a transfer to another department.

Again, she refused and demanded the manger be terminated. Two more transfer offers were made and turned down. Eventually the woman was fired. She sued.

Adequate response to complaints?

The company won. The court ruled that sending the manager to counseling and moving the employee to a new location were both appropriate responses to an unsubstantiated harassment complaint. It wasn’t the company’s fault the employee disagreed.

The lessons of this case:

• Investigations are key. Complaints don’t need to be taken as absolute truth — you need evidence to back them up.
• Firing the boss isn’t the only way to go. Sometimes, the best route is just to separate the accuser and the accused.
• Have a few options. The company’s flexibility in this case helped. Once the employee turned down the first solution, it offered another one.

Cite: Baldwin v. Blue Cross/Blue Shield of Alabama

Tags: complaint investigations, counseling, fire the supervisor, harassment complaints, sensitity training, transfer employee