Dive Brief:
- Two operators of a Jefferson City, Missouri, Doubletree Hotel failed to stop a room inspector from sexually harassing a housekeeper, in violation of Title VII of the Civil Rights Act of 1964, the U.S. Equal Employment Opportunity Commission (EEOC) has alleged in a lawsuit.
- Although management and an owner were aware of the inspector's comments and behavior, Vinca Enterprises, Inc. and Puri Group of Enterprises, Inc., alleged failed to investigate or take appropriate action to stop the alleged harassment and protect the employee, EEOC said.
- The federal agency said it is seeking financial damages and an order that the employer provide training and put into place new policies and procedures regarding sexual harassment.
Dive Insight:
An employer may be automatically liable for harassment by a supervisor that results in a negative employment action, according to EEOC; it may be liable for harassment by others if it knew or should have known about the harassment and failed to take prompt and appropriate action.
To avoid such situations, HR should take seriously harassment complaints and follow up on accusations, experts say. HR can conduct a good-faith investigation, interview witnesses, document discussions and, if evidence of harassment is discovered, institute measures aimed at making sure that the misconduct does not continue, Pavneet Singh Uppal and Shayna Balch, both partners at Fisher Phillips LLP, told attendees at a 2018 conference.
However, employers may want to bring in a law firm if the complaint alleged misconduct by an executive or someone in HR, the pair said. But, "for the vast majority of issues that come up in the workplace, you are fully competent to conduct an investigation … and you should not be afraid of doing so," Singh Uppal said.