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When an employee makes a complaint about sexual harassment, it is imperative that the employer take action and conduct an investigation.
In this situation, even though the complainant has engaged in inappropriate conduct by making questionable comments, that doesn’t free the employer from being obligated to conduct an investigation. The employer can’t take the position that “well, you started it.”
This type of situation highlights the need to consistently apply company policy and hold employees accountable in all circumstances involving inappropriate conduct. When an employee makes a suggestive remark or crude joke, the employer should issue warnings and escalate the discipline if the employee continues to engage in bad behavior.
Read more about Harassment Investigation in the HR Library.