NOT ALL HARASSMENT COMPLAINT PROCEDURES ARE ACCEPTABLE

Informed employers are aware that they may protect themselves from liability for harassment claims under Title VII by maintaining complaint procedures and taking prompt remedial action in response to harassment complaints. The Seventh Circuit Court of Appeals, which covers Indiana, Illinois and Wisconsin, recently explained that not all complaint procedures are acceptable. In EEOC v. VNJ Foods, Inc., the Court held that complaint procedures must be easily understandable.

In that case, the plaintiff, a 16-year-old girl, accused the store manager of making unwanted sexual advances toward her. After the plaintiff made several complaints to co-workers and supervisors, the store manager fired the teenager. She sued the employer for sexual harassment. However, the District Court dismissed the case because the plaintiff failed to follow the employer's complaint procedure. On appeal, the Seventh Circuit reversed the district court's decision after finding the complaint procedure to be inadequate. The procedure instructed employees to report any incidents of harassment to the District Manager. However, the procedure failed to provide employees with contact information for the District Manager, and it did not provide a clear method for employees to bypass their supervisor when the supervisor was the harasser.

Lesson for Employers: Employers should review their complaint procedures to ensure that they are clear, understandable and effective.

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