In case of complaints of sexual harassment supposed?Chinese lawyer handling the employer has a knack Weapon


Local time on January 20, San Francisco, thousands of people participate in "Women Parade," the first anniversary activities, calls for politics, voting, respect for women's rights, anti-government Trump, anti-sexual harassment。 "Women Parade" after last January 20 Trump was sworn in as US president outbreak of females nationwide protests。 Reporter Liu Danshe Wang lawyers said that California law "Fair Employment and Housing Act" (FEHA) in discrimination, harassment and retaliation are clearly defined, requiring employers to take reasonable measures to prevent such acts and to correct the workplace。 To give employers a clear understanding of their own duty to prevent and correct such behavior, responsible for the implementation of the law, the California Fair Employment and Housing Bureau (DepartmentofFairEmploymentandHousing) provide documents provide guidance for employers。
  First, the department hopes Supervisors have role models in this matter, so the law requires two hours training for supervisors and managers, including training for those who deal with complaints, complaints response and training of investigators, in order to be able to staff complaints timely, comprehensive and impartial investigation。
  Wang lawyers said that if the employer received reports of harassment and misconduct, be sure to it as the primary transaction, first determine whether the degree of severity to require the formal investigation。
If it is not very serious, such as employee representation is not very fond of some of the casual compliment a colleague or supervisor, then the employer can be resolved through talks。 But if there are allegations of misconduct, then the employer as soon as possible to investigate whether it is true。   When the survey, employers start the best person to talk to understand the situation and complaints。
Employers should be noted that, to give the accused an opportunity to let the other hand can personally tell the story。
Respondent is entitled to know what the allegations, but the employer is best not to tell him or her in conversation before, you can say in conversation。 Who in some cases the complainant is best not to say so。   Then the employer can interview with the person concerned, such as possible witnesses, and try to collect some documents or evidence。 Based on the results of these interviews and evidence, the employer may reach a relatively reasonable and fair conclusion。 Employers need to be both confidential findings to the parties, if not the employer himself, but through the investigation of other officers, the investigators have no right to confidentiality of such information to employers。   Although many do not want employees to employers to discuss such investigations, but according to the court decision, employers have no right to require employees not to others talk about this investigation, because employees have the right to discuss their working conditions。 Therefore, the employer may consult a lawyer about these issues。
  Wang lawyers said, the employer must investigate as soon as possible, to help prevent harassment, the employer can show that the emphasis in favor of preservation of evidence and witnesses better memory, etc., to minimize disturbance to the workplace。   Often Chinese community in some special cases, such as those who do not want to be harassed blow up, which requires employers not to do anything。
Employers who encounter this situation, you can see the severity of the incident, if the allegations are small and want to deal with the complainant, the complainant employers can give some guidance, and be sure to follow up and ensure that the harassment has stopped。 If it is more serious allegations, the employer is important to find out whether it is true, in order to take the necessary action, in this case, even if the parties themselves can not promise handle。   In addition, if the employer received an anonymous complaint we must also try to investigate, not because anonymity can be used as a reason not to investigate。
If the information anonymous complaints in more than enough, can be investigated by conventional means, if the information is insufficient, the employer may require the department staff interviewed one by one, to understand their interactions, to see if they have witnessed what had happened or what improper。
  If the findings are true, and the harassment did not rise to the level of illegal or require legal intervention, the employer must take appropriate remedial measures to correct。
Employers should ensure that misconduct stops before rising to the level of illegal and prevent it from happening again。 Employers may take one to one interviews, training, etc., can also be made "last chance" agreement as a warning, or demotion, pay cuts, the abolition of bonuses and other means。