Following an investigation of the complaint that concludes that all or part of the alleged harassing conduct occurred, the complaints committee or designated complaints officer should submit its recommendations as to the appropriate penalty to be imposed to the head of the organization. The range of penalties for sexual harassment may include a written warning or reprimand, transfer or reassignment, removal of management authority or duties, reduction of wages, suspension, termination, training or counseling of the harasser to ensure that the harasser understands why his or her conduct violated the organization's anti-harassment policy and continued monitoring of the harasser. The penalty recommended should be proportional to the seriousness of the harassment. The head of the organization, upon receipt of the report of the complaints committee or officer shall submit the recommendations of the committee or officer to management. The management of the organization should confirm with or without modification any recommended penalty and carry out any appropriate disciplinary action in accordance with any relevant organizational rules.
Similar recommendations and actions should be taken in respect of disciplinary action for any employee who has retaliated against or victimized another employee who has made a sexual harassment allegation or who has served as a witness in a sexual harassment investigation.
Please note that these recommendations must be revised to reflect applicable national and local law before they could be implemented by an employer.
Adapted from EU Code of Practice on Measures to Combat Sexual Harassment included in Commission Recommendation of 27 November 1991 on the protection of the dignity of women and men at work, Official Journal L 049, 1-8 (24 February 1992); EEOC Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by supervisors No. 915.002, 11-18 (June 18, 1999); Indian National Commission for Women, Code of Conduct for Workplace adopted in accordance with the recent Supreme Court Judgment on "Sexual Harassment of Women at the Work Place" Vishaka & others vs. State of Rajasthan and others (AIR 1997 SC 3011); South African National Economic Development and Labour Council, Code of Good Practice on the Handling of Sexual Harassment Cases; Canadian Human Rights Commission in cooperation with Human Resources Development Canada and Status of Women, Anti-Harassment Policies for the Workplace: An Employer's Guide (December 2001); and ABA, Mark I. Schickman, Sexual Harassment: The Employer's Role in Prevention.
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