News

January 06, 2025

Ignorance is not Bliss – EEOC Reminds Us of Duty to Investigate Harassment Complaints

The EEOC announced a settlement of $99,000 to resolve a federal lawsuit alleging a hostile work environment based on race and national origin.

According to the EEOC’s lawsuit, the employer allowed an Asian American employee of Mongolian ancestry to be called by a racial slur; physically assaulted; have his employment threatened based on his race and national origin; and delayed investigating the employee’s internal complaint even though it included claims of physical violence.

In addition to the monetary damages, the employer must provide annual training to all employees; to managers and supervisors of at least 2.5 hours; to HR team member of at least three hours; and to corporate investigative team members of at least two hours.

Here’s a common question. How soon after an employee reports a concern of harassment should the investigation begin? There is no bright line rule. In this case, the employer agreed in the consent decree to modify its workplace violence policy to provide that investigations of actual or threatened physical violence are initiated within 72 hours of the notice of complaint. While harassment that does not include threats may be less serious, it might be proactive to apply the same rule to all reported concerns.