Question

The administrative assistant to the vice president of operations confides in the HR manager that the VP has been making inappropriate advances that have been getting progressively more forward and aggressive. This has made the administrative assistant uncomfortable, and now she wants to find a new position in the organization. The administrative assistant and the HR manager are long-time personal friends, and this information is shared with the HR manager outside of the work environment, on personal time.

While the HR manager informs the administrative assistant that she should bring a formal complaint, the administrative assistant is very clear that she is sharing this information as a friend. She does not want to file a formal complaint out of fear of retaliation. Instead, she asks the HR manager to help her find a new role so that she can quietly leave her current position without creating trouble for the VP, the organization, or herself.
The VP of operations has been identified as one of the top two possibilities to succeed the current CEO. The VP of HR receives a letter from the attorney of a different employee that charges the VP of operations and the organization with unlawful harassment. Which is the best first course of action the HR VP should take?
Answers
A. Notify the CEO and the organization's attorney, asking to meet to determine appropriate next steps.
B. Initiate the investigation by gathering all the facts about the unlawful harassment claim.
C. Independently speak to the VP of operations and ask if there is any merit to the claim of unlawful harassment.
D. Terminate the VP of operations' employment immediately in order to mitigate any further risks.

Answer 1

The VP of HR should first notify the CEO and the organization's attorney upon receiving a complaint of unlawful harassment. A meeting should then be arranged to decide on the next appropriate actions, which typically include conducting a proper investigation. HR's responsibility is to ensure employee safety, prevent retaliation, and adhere to legal and organizational policy throughout this process.

Step-by-step explanation:

The best first course of action for the VP of HR following the receipt of a letter from an attorney alleging unlawful harassment by the VP of operations would be to notify the CEO and the organization's attorney. Moving forward requires a careful approach that is aligned with legal advice and organizational policies. This step respects the legal process and ensures that the company responds appropriately without prematurely taking action against any party.

After notification, the HR VP should assist with coordinating a meeting to determine the appropriate next steps, which may include initiating an independent investigation by a third-party or internal team with no conflicts of interest. It is critical not to contact the VP of operations directly, as this could potentially interfere with the investigation or create liabilities for the company. Additionally, immediately terminating employment without a proper investigation could be unlawful or lead to wrongful termination claims.

Throughout this process, HR needs to maintain a focus on supporting all employees and ensuring a safe and respectful work environment, which includes protecting employees from potential retaliation and maintaining confidentiality to the extent possible. The HR manager also has a professional obligation to address the initial concerns brought forward by the administrative assistant, even though they were shared in confidence, as it relates to workplace safety and the company's legal obligations.