An employer suspects existence of sexual harassment in the workplace. Is the employer obligated to investigate the suspicion or need it await an official complaint submitted to the supervisor of prevention of sexual harassment?
The Israeli Sexual Harassment Law stipulates many obligations of employers, including the obligation to publish procedures for the prevention of sexual harassment, appointing a supervisor of prevention of sexual harassment and also procedures for the treatment of sexual harassment complaints. Failure to comply with the legal requirements might not only put the employer at risk of criminal charges but also jeopardize the directors and officers of the company.
Is the employer obliged to act as the law stipulates only after receipt of a formal sexual harassment complaint or should the employer initiate investigation also of rumors? On the one hand, because the sexually harassed employee does not always has the courage to complain, so the active investigation of the suspicion or the rumor is welcome. On the other hand, if the rumor is not based, this investigation could do injustice to the suspect and stain the suspect's name in vain.
A February, 2017, precedent holding of the Tel Aviv Regional Labor Court ordered an employer to compensate an employee after the employer heard a rumor that another employee was suspected of committing sexual harassment in the workplace and the employer did not investigated the issue as required. An employer is obliged to report any suspicion or rumor of sexual harassment immediately to the supervisor of preventing sexual harassment appointed by it, even no formal complaint was submitted by the harassed, and examine the rumor or suspicion as if it was a formal complaint. Ignoring the suspicion or rumor may put the director and officers of the employer at risk of criminal indictment. An employer should not, and does not need to, use discretion to determine whether the information is based or not. Where the rumors are found unfounded the purpose of the investigation will be to clear the name of the suspect whose reputation is harmed by the rumors and may suffer serious damage.
Therefore, we recommend that employers ensure that the workplace meets the requirements of the law against sexual harassment, including the publication of procedures against sexual harassment and appointing a supervisor of preventing sexual harassment, and that there is a proper procedure elaborating how the law is enforced in the workplace and ensure that all the rumors of sexual harassment and any complaint are handled pursuant to the law and with the assistance of a lawyer knowledgeable in this area.