If someone is up for a promotion and has had a recent sexual harassment complaint, can this be discussed/mentioned/factored in when he's interviewing for the promotion? (Complaint in question was resolved, but still on his record) Ex, can they ask him to say what happened?
When the employee in question is dealing with the complaint (called into HR), how much can the HR rep actually tell him? As far as what supposedly happened, who made the complaint, etc?
"Resolved" is a tricky word.
If the complaint was investigated and found to be false, then it should NOT be in the employee's record. A smart HR person will keep a separate, personal file (not a part of the employee's personnel file). Why? An employee has the right to see and copy their entire personnel file, they don't have a right to see an HR person's personal files.
If the complaint was investigated and found to be true, then the employee should have been terminated (most corporations have a 'zero tolerance' policy regarding sexual harassment). A memo to the employee's personnel file would be prepared stating that the employee was terminated 'for cause' and 'is not eligible for rehire'. Nothing else would be included in the personnel file. See above regarding the HR professional's personal file.
If the complaint was investigated, found to be true,
but not crossing the line to harassment, then it would be in the employee's record. An example of this would be, someone that makes a statement that is in poor taste or shows bad judgment, but doesn't cross the line of the legal definition of harassment then there should be a written reprimand signed by the employee (if HR is doing a good job) in the employee's personnel file. The reprimand would NOT include any details.
Regarding what HR can tell the accused: it is a tricky line. HR will need to ask the accused what happened, what was said, and who witnessed the event as part of the investigation.
HR should NOT tell the accused anything private that the complaining person told them - for example: how the comments or actions made them feel, whether they had to have medical or psychological treatment after, etc.
Where the HR person is not sure about whether (or how much of) the information should be held confidential, legal should be contacted for an opinion.
BTW - if someone complains to HR, they can refuse to have HR investigate. Sometimes people just want someone to listen and don't want anything else to happen. In that case the HR person carefully documents the incident and keeps it in their personal files.
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Regarding the interview for the promotion, if the incident was resolved with a reprimand then I would instruct the accused to NOT discuss the incident with anyone and that if anyone asks they should be referred to me (the HR professional).