Vedder Thinking | Articles Sadina Montani Authors “When it Comes to #MeToo in the Workplace, the Work Is Never Over” in Bloomberg Law
November 19, 2018
Labor & Employment Shareholder Sadina Montani was recently featured as contributing author in Bloomberg Law’s In Focus page on sexual harassment, and in the Practical Guidance Collection for her article, “When it Comes to #MeToo in the Workplace, the Work Is Never Over.”
In the article, Ms. Montani outlines the steps organizations should take to commit to a safe, harassment-free workplace. She asserts that it is not enough to simply follow the best practices around an internal investigation, and explains the important work that should follow a prompt and thorough investigation.
“Leadership and HR teams too often think their work is done after an investigation is conducted, appropriate disciplinary steps are taken, and the individual who raised the concerns regarding sexual harassment is informed of the outcome of the investigation,” she says. But the work should not end there. She explains that HR teams should follow up with employees who have reported harassment to ensure two things:
-The harassing behavior has stopped, and
-No one is retaliating against the employee who reported harassment, or other employees who participated in the investigation.
Ms. Montani explains that this continued dialogue serves a number of important purposes. “This follow-up dialogue is important even when the harasser has been terminated from or is no longer employed by the organization.” She continues, noting that if further harassment or retaliation has occurred, “if internal or outside counsel is not already involved in the investigation, when ongoing issues arise, organizations should strongly consider consulting with counsel.”
Ms. Montani maintains that by establishing robust processes for prompt investigations, assessing and executing proper disciplinary measures, and ensuring employees who have experienced harassment are provided numerous opportunities to share any ongoing concerns, organizations are strengthened, risks are mitigated, and employees receive the fair treatment they deserve.
To read the article in full in Bloomberg Law, please click here. (Subscription may be required)
To learn more about anti-harassment training sessions offered by Vedder Price Labor & Employment attorneys, please click here, or contact Sadina Montani, +1 (202) 312 3363, or any Vedder Price attorney with whom you have worked.
To read Thought Leadership articles authored by Vedder Price Labor & Employment group attorneys addressing the #MeToo movement’s impact on human resources departments, the issues surrounding workplace sexual harassment allegations, best practices for handling investigations and claims, and recent legislation passed in certain jurisdictions addressing employers’ new obligations, please click here.
+1 (202) 312 3363