Company Wins Case With Good Investigation & Training 02-06-2008
- By Rita Risser, attorney at law

No matter how good your anti-harassment policy and practice, harassment happens. But if your company responds to complaints with a good investigation and training, according to a new case you will not have to pay punitive damages.

DeVilbiss Company had a zero tolerance sexual harassment policy. A male accountant complained about sexual horseplay from his female supervisor. The company conducted four separate investigations of his complaint, but none revealed evidence that would have justified firing the supervisor. In the interviews, coworkers were asked neutral questions which were open ended and not suggestive, for example, "Have you seen any inappropriate behavior in the department?"

The company instituted a harassment prevention training program and required all employees, including the supervisor and the accountant, to attend.

The company also hired outside employment law specialists to look into whether its internal investigations had been proper and thorough and contracted with them to investigate the accountant's claims further. The outside specialists determined that the company's investigations had been thorough and confirmed the company's conclusions.

The accountant argued it was unreasonable for his boss to remain as his supervisor. The company responded that the small size of the plant and of the accounting department made it impossible to accommodate his request for another supervisor unless the supervisor was terminated. Terminating her without more evidence would have exposed the company to legal action by her. Moreover, there were no further complaints by the accountant of any sexual harassment after the company took its actions in response to his initial complaint.

The court upheld the actions of the company and denied punitive damages.

What this means to you: Whenever there is a complaint of harassment, make sure your company does everything right. It could save you some big money!

Dominic v. DeVilbiss Air Power Co., (8th Cir. 2007)

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Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.