Witness collaborate sex harrassment but HR says they didn't.

What are my rights if the HR person investigating my sexual harrassment complaint lies and tells me that none of the witnesses collaborated my story, when infact they did??

1 answer  |  asked Jul 18, 2006 5:25 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
You have the right to be free from sexual harassment

Your main right is to be free from sexual harassment. If your employer fails to provide you such a work environment, then it may be liable for the harm you suffer as a result of the sexual harassment.

The law gives employers a defense against sexual harassment claims if they have a reasonable mechanism in place for stopping sexual harassment that they use to stop harassment once they learn of it. It sounds like your employer has such a policy, where it agrees to investigate your complaints. If your employer fails to use that process properly, however, it could lose the defense against your claim.

In your case, get written statements from each of your witnesses as to what happened. Have them include in their statement that they told HR what they are telling you in writing. Then see what happens. If the harassment stops, you have what the law wants you to have, which is a workplace free from harassment. If it continues, you may be able to pursue a claim for sexual harassment.


Neil Klingshirn

posted by Neil Klingshirn  |  Jul 19, 2006 11:12 AM [EST]

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