Sexual Harassment Investigations: How to Limit Your Liability and More - A Practical Guide
- ISBN-10
- 0973533501
- ISBN-13
- 9780973533507
- Category
- Law
- Pages
- 207
- Language
- English
- Published
- 2004
- Publisher
- Harassment Publications
- Authors
- Arjun P. Aggarwal, Madhu M. Gupta
Description
ABOUT THE BOOK Now more than ever, sexual harassment complaints are on the rise. Sexual Harassment Investigations presents an excellent roadmap for effective handling of sexual harassment. A comprehensive, practical, and easy to read guide to minimize and resolve sexual harassment, and avoid costly litigation and negative publicity. An invaluable resource! Make sure you have a copy for every supervisor in your organization.TOPICS HIGHLIGHTED HOW TO PREVENT HARASSMENT? HOW TO LIMIT YOUR LIABILITY? HOW AND WHEN TO MEDIATE A COMPLAINT? HOW TO HANDLE WORKPLACE ROMANCES? HOW TO RESOLVE HARASSMENT COMPLAINTS? HOW TO DRAFT THE INVESTIGATION REPORT? HOW TO SELECT THE MOST APPROPRIATE INVESTIGATOR? HOW TO ASK DIFFICULT, UNPLEASANT AND EMBARASSING QUESTIONS? WHEN, WHERE AND WHY INVESTIGATIONS WERE FOUND FAULTY? WHO WILL BENEFIT FROM THIS PRACTICAL GUIDE? * SUPERVISORS * MANAGERS * HUMAN RESOURCES PROFESSIONALS * BUSINESS OWNERS * HUMAN RIGHTS CONSULTANTS * LAWYERS * INVESTIGATORS * GOVERNMENT OFFICIALS * UNION REPRESENTATIVES * WOMEN GROUPS * ANYONE INVOLVED WITH A SEXUAL HARASSMENT COMPLAINT Printed in the Canadian Bar Association Law National Administrative Law Section Newsletter Nov. 2004Review: Sexual Harassment Investigations: How to Limit Your Liability and More A Practical GuideBy Charles Ferris and Kara PattersonDr. Arjun P. Aggarwal and Madhu M. Guptas Sexual Harassment Investigations: How to Limit Your Liability and More A Practical Guide presents a comprehensive overview of the current law on sexual harassment in North America. Sexual harassment in the workplace is a pervasive concern, and no employer can afford to be passive or careless about this weighty subject. Prevention through effective sexual harassment policies and education is the key to maintaining a healthy and productive work environment. Dr. Aggarwal and Ms. Gupta have penned an informative and practical text on the legal aspects of sexual harassment, designed to appeal to employers, legal practitioners, and members of the general public alike. The text is divided into five logical and accessible segments. The discussion begins with a clear and concise explanation of the current state of the law on sexual harassment how the law defines sexual harassment and what behaviours amount to sexual harassment in the workplace. The authors outline the costs of sexual harassment in the workplace, and the relatively small costs of implementing effective preventative measures.Part two lays out guidelines for creating and implementing an effective sexual harassment policy, including what employers should, and more importantly, should not do, in order to prevent and to act on sexual harassment complaints, including how to approach the tricky topic of workplace romance.Parts three and four examine the various approaches to dealing with a sexual harassment complaint, including the advantages and shortcomings of litigation and mediation. The authors walk readers through the various steps involved in the investigation and resolution of a sexual harassment complaint through both formal and informal channels.The final and most substantive section of the text provides an in-depth practical guide to the investigation process and available remedies. The authors offer step-by-step advice on how to undertake the often-difficult task of interviewing the parties and witnesses, how to ensure the investigation is properly documented, and how to determine the proper resolution of a complaint. The final chapter examines the available remedies and penalties, and encourages a resolution that will satisfy all involved parties.The text, which acts as the roadmap for a fair and complete investigation, incorporates a series of extraordinarily useful and user-friendly checklists and sample forms. The forms include a sample pre-investigation planning chart, sexual harassment policy, policy provisions for complaints against senior management, a sexual harassment complaint form and an investigation report layout.In completing their task, the authors have faced head-on the most difficult practical challenges in a harassment complaint investigation, including whether to investigate informally or formally, when and how to mediate a complaint, the selection of the most appropriate investigator(s), legal representation, privacy protection, and information access in a multiplicity of contexts, including the privilege attaching to an investigation and the extent to which the complaint and the investigation report ought to be disclosed to the parties and the workplace public. As in the totality of their work, Aggarwal and Gupta have addressed these thorny issues with strong intellect, skill, and balance.Sexual Harassment Investigations: How to Limit Your Liability and More A Practical Guide will appeal to anyone interested in learning about sexual harassment in the workplace. Legal practitioners and judges will find the legal analysis and case law discussion to be thorough, accessible, and current. Academics and students will discover an expansive, but readily legible, treatment of the issues surrounding sexual harassment that balances the theoretical legal aspects with practical real-life scenarios. Employers and human resources personnel will find this to be an indispensable text in perfecting their current sexual harassment policies as well as how to deal with even the most complex sexual harassment complaints.
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