Recent news of sexual harassment has proven that no one is immune from the repercussions of their actions.

There were a few accusations that didn't exactly surprise any of us, but some alleged harassers have caused a great deal of disruption to our collective sense of decency. Author and radio personality Garrison Keillor held almost a grand-paternal status in pop culture. But, allegedly not all was as it seemed in Lake Wobegon, and Keillor has now been relegated to making clever, 1920s-style radio broadcasts from home.

From a societal perspective, the rapid and severe response to claims of sexual harassment is likely a net good. Women who have been marginalized and left voiceless for decades now understand that no position in the corporate hierarchy is above the standards of respect and decency or the law.

However, when the allegations land on your doorstep, the matter is more complicated. After you have created an environment that encourages reporting misconduct, how do you handle the reports?

Investigation 

The first step in addressing a sexual harassment complaint is the investigation.

The nuances that go into an investigation of this nature are more complicated than this article will allow, but thankfully, incidents in Hollywood have taught business owners and human resources professionals a few important rules.

First, do not substitute your own judgment for that of the accuser.

When an employee came forward early on with complaints against Harvey Weinstein, HR allegedly told her that, until his sexual requests and off-color comments turned physical, there was nothing they could do. This assertion is not only legally unjustifiable, it shows a total disregard for the person making the complaint.

Secondly, employers must make a sincere effort to determine the truth. This advice is not superfluous: I have seen countless investigations that appear more interested in curbing liability than determining what happened.

A cursory investigation can result in harassment going unchecked or, conversely, an employee losing their job when they did not commit the acts for which they were accused. The ability to conduct a fair and impartial investigation among peers is challenging, and there is no shame in reaching out to third parties such as law firms or HR organizations to bring in a qualified, outside investigator.

Response

Once you discover workplace impropriety, you must then decide how to resolve the issue. 

Some cases are easy. No excuse justifies a physical assault. If a person can spend time in jail for the offense, it's probably not wise to provide them safe harbor at your company.

However, other common scenarios provide a greater challenge. The New York Times recently ran an article that drew parallels between workplace harassment and criminal penalties. According to the story, we need to look at the acts of harassment, the intent of the accused and the effect of the behavior.

If a person shoots someone, there is not one automatic result. We look to see if the shooter intended to harm the victim, to kill the victim or simply to shoot an inanimate object (but lacks marksmanship skills). Further, we look to what happened to the person who was shot. Regardless of intent, the more seriously someone's harmed, the more severe the penalties.

At present, in resolving sexual harassment charges, one should look to the egregiousness of the act; the reason the harasser undertook the act; what professional and psychological damages stem from the act; as well as the harasser's continued employment.

There is no easy solution to these issues, but at least we are now having the conversation in the open.

Originally published in The Business Journal

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.