Independent Fact Finding Investigation

If the claimant is still employed, early intervention must be considered.  Allegations of sexual harassment must be addressed quickly.  An independent fact-finding investigation is often a good first step.  This will allow the employer to learn the facts.  Most employers have a policy that requires a thorough and objective investigation in the event of a complaint of sexual or racial harassment.  The employer must act promptly and respond appropriately in order to take advantage of the defense articulated in Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 (1998).  More importantly, perhaps, in order to resolve the conflict, the employer must know what happened. Then it will be in a position to determine best how to resolve the situation.