It is relatively easier
for an employer to handle cases where the victim of harassment has been able to
identify the perpetrator. However, there are instances when the harasser is not
apparent. It often happens that an employee is being harassed by someone using
a pseudo name via the Internet or telephone. Some typical examples of anonymous
harassment are:
- Leaving drawings, obscene photos, or voicemails
- Sending objectionable messages via social media
- Creating a hostile and intimidating work ambience
An employer must try to render all
possible help to the victim. Management’s first task is to identify the
individuals responsible for the harassment. In addition, management must take
prompt action to stop the harassment. This way the employee is saved from
future humiliation and in the event the company faces a lawsuit they can escape
liability by proving that they took prompt action to prevent the harassment and
sexual harassment lawyers know all about this. For the most part, employers
can be held liable if they do not take measures to prevent and stop any form of
harassment.
Steps
the employer should take to prevent sexual harassment by an unknown harasser
As soon as an employer receives a
complaint of harassment, the management must take several steps. The first of
which is to document the report of harassment properly. At this stage it is
extremely important to assure the complainant that the matter will be dealt
confidentially and the company will not retaliate for complaining.
Investigating
allegations
The next vital step is to commence an
investigation as soon as possible. This is done by interviewing the
complainant, and gathering evidence and documents. Emails, social media
page-screenshots, texts, and hand delivered material can prove to be vital
evidence. Sexual harassment attorneys suggest that the workplace must also be
placed under strict surveillance.
The investigator must photograph
graffiti and record voice mails. The employer must subject these to forensic
analysis such as finger printing and voice mapping and also collect handwriting
samples from the staff for comparison with the evidence. Every staff member
including managers, supervisors, and maintenance must be interviewed.
Sexual harassment lawyers also reiterate
that the employer can also take help from a neutral party such as private
investigators and forensic experts in a bid to give the harasser a face and a
name. It is critical that the employer documents each and every step the
company took to prevent the harassment.
Notify
law enforcement
Inform law enforcement authorities and utilize
them to run a background check on employees. This did not happen in Sacramento
in 2000 in the 1997
Michelle Montoya case. The janitor raped and killed her. The janitor, Alex Dale Thomas, was a sex offender in LA, convicted felon, and
former gang member and he was hired by a Sacramento area high school to be a
janitor – Rio Linda high school. Laws were changed after this, background
checks were made mandatory for anyone who wanted to work in a school and so on.
Thomas was
given a life sentence and the death penalty. He should have already been
executed but California is a weak and soft state that coddles heinous people.
Moreover, the employer can also ask the
police to improve security around the office and the neighborhood.
Take
safety measures to fortify security in the premise
- Upgrade lighting in and around the work place and especially in the parking lot
- Install latest lock systems
- Install camera and monitoring devices across the office
- Seek advice from security experts
Train
employees
Whenever any type of harassment comes to
light the management, head of the departments and supervisors must review their
harassment policies and complaint procedure. They ought to immediately initiate
training sessions on workplace harassment at frequent intervals.
Communicate
with the complainant regularly
Employers must keep the complainant in
the loop whenever they take some steps or initiate some change. The complainant
must know that the employer is leaving no stone unturned to unearth the
harasser and provide security to the workplace to prevent future incidents.
As an employer if you find yourself in a situation
where employees are being harassed anonymously, don’t hesitate to
contact a sexual harassment lawyer immediately. Employees too ought to waste no
time in seeking legal help if they are harassed or discriminated against in the
workplace.
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