Chiefs’ Counsel’s Corner
(continued)
employer could include it in the response and show that it was distributed.
2. Consistent and Demonstrated Accountability
If a manager fails to handle a harassment matter properly, that will be a factor that
influences the manager’s performance review. Some examples of conduct that could
negatively affect a manager’s performance review may include when a manager tries to
address a harassment complaint directly and fails to report it to human resources (HR) for
review and potential investigation or when a manager observes misconduct, or hears a
rumor about offensive conduct and fails to report it to HR. These are the types of failures
that, according to the EEOC, should directly impact that manager’s performance rating
and compensation. For instance, in August 2017, Ford Motor Company resolved a
systemic harassment investigation by the EEOC with a $10.1 million settlement agreement
that required Ford to revise its performance objectives to ensure management
accountability on harassment prevention. The EEOC also required Ford to continue a
policy of prohibiting the promotion of salaried employees for a period of two years
following a violation of the anti-harassment policy. (The Ford Investigation will be
referenced further in additional core principles to follow.)
In a charge response, especially if the allegations claim that a manager failed to report a
complaint to HR or ignored or tried to excuse the behavior, employers may want to explain
that managers receive routine training that clearly instructs them to report all harassment
matters to HR