What should an employer do if an internal investigation determines that sexual harassment did not occur?

Author: Rhonda Leabo

If an internal investigation determines that no sexual harassment in the workplace occurred, an employer should still handle the matter with care and confidentiality. The employer should remind the individual initially alleged to have engaged in sexual harassment that the employer has a zero tolerance policy for harassment and this policy should be reviewed and complied with at all times. The employer should also be careful about claims of retaliation by the complainant. For example, if a complainant can show that he or she suffered an adverse employment action because of the allegations; the complainant may have a retaliation claim against the employer. This is possible even if the employer's actions were taken with the best intentions.