complaint or who files a complaint is important to record patterns on any individuals.
* Employees must take reasonable steps to avoid harm from the harassment. Usually the employee will exercise this responsibility by using the employer’s complaint procedure.
An employer is not legally responsible for its supervisors’ harassment if an employee does not file a complaint, unless the harassment resulted in a tangible employment action or unless it was reasonable for the employee not to complain to management.
An employee’s failure to complain would be reasonable, for example, if the individual had a legitimate fear of retaliation. The employer must prove that the employee acted unreasonably.
If management does not act promptly to investigate any complaint and undertake corrective action, then it may be appropriate for an employee to file a charge. The deadline for filing an EEOC charge is either 180 or 300 days after the last date of alleged harassment, depending on the state in which the allegation arises. This deadline may not be extended because of an employer’s internal investigation of the complaint.
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