Managing Harassment Reports

At Your Service
with Attorney Bob

Dear Attorney Bob,

I recently found myself in a tricky situation. While having lunch with one of my team members, they confided in me about an incident of harassment they experienced at work. However, they were adamant about not wanting to report it officially, insisting they were telling me this “as a friend.” As a manager, I’m torn between respecting their wishes and fulfilling my responsibilities to ensure a safe workplace. What should I do?

Sincerely,
A Manager Caught in the Middle

Dear Manager Caught in the Middle,

You’re facing a situation that many managers dread, yet it’s not uncommon. It’s a delicate balance between respecting the employee’s request for confidentiality and addressing the issue to maintain a safe, harassment-free workplace. Keep two things in mind: 1) the EEOC says you have an affirmative duty to eradicate hostile work environments from the workplace; and 2) your employer says you are the right person for the job! That’s why they entrusted you with the added responsibility that goes along with being a manager. So, I’m confident you have what it takes to handle this difficult conversation. Still, here are ten tips to help you through:

1. Acknowledge and Support but Remain Neutral:
   
   First, it's crucial to listen and provide support. Acknowledge the courage it took for the employee to share their experience. Assure them that their feelings are valid and that you're there to support them. However, while it’s important to show empathy, avoid signaling agreement with the employee’s perspective, especially in the early stages. Acknowledge their feelings without endorsing their viewpoint to maintain impartiality as you gather more information.
   
   
2. Seek Further Clarification: 
   
   Delicately delve deeper into the facts and what the employee hopes to achieve by sharing this concern with you. While you should refrain from making promises, understanding their desired outcome can guide your response and ensure it aligns with both their expectations and the organization's policies​​, and may allow you to obtain some more details which can be important to a later investigation.
   
   
3. Explain the Importance of Reporting:
   
   Discuss the benefits of formally reporting the incident, such as allowing the company to take appropriate action to prevent future occurrences and ensuring a safe work environment for everyone. Reiterate that the company has measures in place to protect employees from retaliation.
   ​
4. Offer Alternatives:
   
   If they're still reluctant to make a formal report, suggest alternative steps, such as speaking to a different manager, HR, or an anonymous hotline if your company has one. Sometimes, knowing there are multiple channels can make an employee feel more at ease about coming forward.
   
   
5. Confidentiality and Anonymity:
   
   Assure the employee that the details of the conversation will be kept confidential, shared only with those who need to know to address the issue. This can help alleviate fears of backlash or gossip, making them more comfortable with the idea of a formal report.
   
   
6. Clarify Your Role:
   
   Gently remind the employee that as a manager, you have certain obligations to address harassment issues. Emphasize that their well-being and safety are your priorities, and while you respect their wish to keep the matter private, you are required to take certain actions when informed of harassment. Your goal here is to continue to encourage the employee to report it, letting them know that if they don’t report it, you will.
   
   
7. Offer Support and Resources: 
   
   Beyond addressing the immediate concern, provide the employee with information about available resources, such as counseling services or an employee assistance program. This shows a commitment to their overall well-being, not just the resolution of the current issue.
   
   
8. Take Action:
   
   Even if the employee chooses not to report the harassment, you still need to act. Consult with HR or your legal department on the best course of action, which may involve observing the workplace more closely for any signs of harassment or conducting a more formal investigation.
   
   
9. Document the Conversation:
   
   Keep a confidential record of the conversation, noting the date, the general nature of the discussion, and your response. This documentation can be important to an investigation or if the issue escalates to litigation.
   
   
10. Follow Up: 
    
    After the conversation, it's vital to follow up with the employee. This follow-up can be a check-in to see how they're feeling, any additional support they might need, or updates on any actions taken in response to their concern (while maintaining confidentiality). This reinforces that their concerns are taken seriously and are not just heard but acted upon.

In conclusion, while you should respect the employee's wishes as much as possible, you also have a duty to act to protect all employees from harassment. It's a fine line to walk, but with empathy, discretion, and the right approach, you can navigate this challenging situation.

Remember, you're not alone in this. Your HR department and legal advisors are valuable resources in these situations.

Best of luck, and remember, creating a safe and respectful workplace is a team effort.

At Your Service,
​
Attorney Bob

Bonus Tip

Limit Liability Through Prompt Action

Timeliness is key in investigations. If your schedule hinders prompt action, coordinate with other administrative parties to delegate the task or adjust your commitments. The goal should be to address wrongful conduct swiftly to minimize its impact and potential liability. Quick resolution of issues can also prevent them from escalating.

“At Your Service with Attorney Bob,” is proudly presented by NextGen Legal: providing on demand, subscription-based legal advice, allowing you to pick up the phone when you have a question without worrying about costs. 

Learn More About Our Subscriptions Including Our Innovative "Call Before You Send" Package

---

About Bob

About Bob After more than a decade in traditional “Big Law” firms, including leadership roles, Bob wanted to eliminate the obstacles he saw prevent clients from reaching out for proactive legal advice. 

Enter NextGen Legal, founded to offer clients the expertise of an AmLaw 100-experienced lawyer on demand, without the uncertainty of hourly billing.

​Rated a Rising Star by SuperLawyers (an accolade reserved for only 2.5% of attorneys in Wisconsin), Bob provides strategic legal advice and counsel to companies of all sizes, helping business leaders make confident, informed decisions. His expertise spans employment law, regulatory compliance, litigation, safety, corporate strategy, and risk mitigation. Bob excels in transforming complex legal challenges into clear, actionable business solutions, offering strategic guidance to leadership teams.

Limited Time Offer

WHLA Members receive 20% off all NextGen Legal subscriptions per month for a year with discount code: “WHLA”. The first five companies to sign up for NextGen Legal’s all-inclusive Fractional General Counsel subscription will receive a lifetime discount of $1,000 off per month with coupon code: “WHLAGC”. Learn more about NextGen Legal’s subscriptions here.