Answer to Question of the Week #5
Each week, we post a thought-provoking question for your consideration. Here’s last week’s question . . .
Should an employee accused of sexual harassment be placed on paid leave pending the outcome of the investigation (if the alleged victim continues working)?
Here are your responses . . .
a. Yes (50%)
b. No, it should be unpaid leave (3%)
c. Possibly, or transfer the alleged offender to a different shift or allow him/her to telecommute (47%)
d. No, you should terminate the employee right away (0%)
The correct answer is “c.”
Your responses were almost a perfect 50-50 split. That’s not surprising. When we bounced this off question off a number of different employment lawyers, they couldn’t agree either. But we feel that “c” is the best choice.
The goal should be fairness. The key is to avoid prejudging the alleged harasser while at the same time taking steps to safeguard the alleged victim while the investigation is pending. We believe that response “c” strikes the appropriate balance.
As for “b,” making the leave unpaid is unfairly punitive if the alleged harassment turns out not to have occurred.
Unfortunately, some employers take the approach in “d,” believing that it sends a “zero tolerance” message about harassment. For a graphic illustration of why that may not be such a great idea, we suggest googling the words “Seinfeld case + harassment” for an interesting read.
