A number of high profile incidents, such as the Anita Hill-Clarence Thomas Senate hearings and the more recent Navy Tailbook scandal, have focused a spotlight on sexual harassment in the workplace. While allegations are usually filed with a company's human resources or equal employment opportunity office, it may be up to the loss prevention or security department to investigate the charges.

Investigating sexual harassment cases is a relatively new responsibility. The process cannot be compared to criminal investigations, since it is not legally necessary to prove sexual harassment beyond a reasonable doubt. Hearsay evidence is acceptable. Companies must understand the law and then apply investigative techniques to document the findings.

The Equal Employment Opportunity Commission defines sexual harassment as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature" made explicitly or implicitly as a term or condition of an individual's employment. The law applies when women allege complaints against men, when men allege complaints against women, and when persons of the same sex allege complaints. The complaint can relate to explicit exchanges or implied acts that create a hostile work environment, and the charges need not be made by the person to whom the advances were directed.

Title VII of the Civil Rights Act of 1964, and the amendments in 1972 and 1991, as well as related state and local laws should be the basis for corporate policy spelled out in personnel manuals. The 1991 Civil Rights Act gives harassment victims the right to a jury trial and compensating punitive damages.

Precedent was set in 1991 when a federal trial in Minneapolis allowed a class action lawsuit alleging "hostile environment" sexual harassment. Evidence included sexually explicit graffiti, unwelcome touching, and offensive language.

Heightened awareness of sexual harassment may lead to an increase in the number of charges filed. While companies may not be able to sufficiently control behavior to eliminate the potential for harassment charges, organizations can establish preventative measures. Management's goals should be to provide clear policies that discourage harassment and to ensure that, if incidents occur, complainants have recourse without going to court. The key to avoiding legal proceedings is for management to take allegations seriously, conducting a thorough investigation in each situation. If a manager reacts by saying that the complainant is overreacting, he or she could be exposing the company to a civil liability suit.

The company should gather facts relating to the allegations promptly, usually within seven days after the charges are made. If a written sexual harassment policy exists, a copy should be given to the employee. As with any investigation, all parties should be interviewed, a formal record should be made in anticipation of a potential court case, and information should be discussed on a need to know basis only.

After completing the investigation, the employer, along with legal counsel, should meet with both parties separately to avoid to possibility of confrontation. If the information is insufficient to show that sexual harassment may have occurred, both parties must be apprised of the conclusion. Although no formal action is called for when the case does not support the allegations, the complainant can be offered another position to alleviate concerns. Meanwhile, the company has the appropriate documentation in the event that the party making the charge chooses to go to court to pursue the case for damages.

If the company believes the allegations are legitimate, then the employer has an obligation to terminate the party violating harassment policies. This action could result in a court case from the allegedly guilty party. The employee should be walked through the evidence so that he or she understands the level of proof gathered during the investigation. The company can also permit the individual to resign, allowing him or her the possibility of continuing with certain financial benefits, such as salary until the individual's contract is completed.

Treating a sexual harassment charge as a serious policy infraction and providing the appropriate investigative resources can encourage complainants to view court as an unnecessary last resort. This approach will also provide companies with a basis for a sound defense should formal charges be filed.