The excuse “The dog ate my homework” didn’t work in school — was there any chance it’d hold up in federal court?
Shortly after starting her job at an auto parts retailer, a female employee in Mesa, Arizona said she was subjected to sexual harassment over the course of a year by her store manager. The store manager allegedly forced the worker’s head down to his genitals, exposed himself to her and made crude sexual remarks toward her.
Allegedly, HR investigated these incidents, and even interviewed five witnesses. (Take note of the “allegedly.”)
The last of these incidents was fortunately caught on a security camera at the store, and the regional HR manager forced the store manager to resign.
The female employee filed suit with the EEOC. When the EEOC asked the company for the documentation of the investigation, the store had some bad news — they simply didn’t have records of the employee’s sexual harassment claim.
Okay, said the EEOC. How about the records of the employee interviews HR did with the five witnesses to the harassment? Sorry, said the company. We are unable to locate that document at this time.
And the videotape of the store manager sexually harassing the employee? You guessed it — lost as well.
With all the documentation missing, the jury wasn’t buying the company’s story — and hit it with a $65,000 verdict.
The lesson for managers here? No documentation is just as harmful as bad documentation. Stress to your managers the importance of not only keeping good documentation, but also keeping organized records — you never know when your company will need to produce the paperwork again.
