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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20354
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I have an employee that told me about harassment that took

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I have an employee that told me about harassment that took place while on a job site by our clients staff. She doesn't want to file against person, just wanted us to be aware of it. Another staff member was witness to several statements made and wants them documented. How do I go forward?
Hello,

Thank you for the information and your question. There is no form, or even a specific action, that is necessary when an employer receives a complaint/notification of behavior that might be sexual harassment or discrimination. The law only requires that the employer resolve the situation in a way that they believe is appropriate and does not discriminate or retaliate against the employee. In this case, assuming that your employee actually wanted reassignment versus you and she going to the client and filing a complaint, then you have done all that you can and would not be liable for the actions of the client's employee or your actions. That said, you just might want to put a memo in the employee's file of the date, action, and facts as she described them to you and what you discussed, so that if she comes back for some reason and says that something else happened, you have a memorialization of what occurred.

You could, if you want to, type of a memo of your discussion and the resolution and have her sign that she agreed to it, but that is really probably creating more of an issue by making her sign something. If you do a lot of business with this client you may want to consider speaking to HR about what the employee told you so that this person at their company is counseled and the company is on notice should this kind of thing happen again.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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