The Importance of “To Whom” in Employer Policies against Harassment

A partner at Boynton Waldron in Portsmouth, New Hampshire, Phil Pettis has successfully argued cases before the Supreme Court of New Hampshire. Among his practice areas, Phil Pettis furnishes services related to employment law matters, such as sexual harassment.

According to the U.S. Equal Employment Opportunity Commission, the definition of a harasser in sexual harassment litigation spans multiple characteristics. A harasser can be either male or female or a supervisor or a co-worker. Further, a customer or client can also be the perpetrator in an employment sexual harassment case.

It is important that employers clearly outline whom employees can report sexual harassment to when creating a written policy against harassment. During an investigation, the U.S. Equal Employment Opportunity Commission or Human Rights Commission will typically request a copy of the policy, and both entities could inspect the section pertaining “to whom” to report sexual harassment matters at the business. Accordingly, the policy should list more than one individual as a person to contact in sexual harassment matters, because, in some cases, the contact person may also be the harasser.