Gretchen Carlson – Harassment & Discrimination – Culture – A Task For The Board – And Internal Audit?

I have provided below a link to a short article about Gretchen Carlson, an interview that she is giving, possible legislative efforts, and sexual harassment and discrimination. We all know, or should know, that this is an important topic. Not only sexual harassment and discrimination, but harassment, discrimination, retaliation, bullying, and hostile environments, and not only male harassment and discrimination of females, but also female v. male, male v. male, female v. female, and including race, color, ancestry and national origin, religion and creed, age and elder, mental and physical disability, sex and gender, sexual orientation, gender identity, and more.

This is or should become an area of oversight for your board, and it also relates to the culture of the organization, and tone at the top, at the middle, and at the lower employee levels, including an environment that encourages people to report harassment and discrimination without fear of retribution, anonymously if the desired, with the knowledge that the reported conduct will be timely, fairly and fully investigated, and that appropriate action will be taken.

This really isn’t new stuff from legal and governance perspectives. Are your board, and the board’s committees, on top of this issue and the culture of the organization?

These can and often are difficult issues and situations.  Of course anyone accused is entitled to a defense, and to rebut the allegations. At law, in most situations, innocence is presumed. In recent past years there have also been stories involving allegations of harassment and discrimination reported in the news that turned out to be false or at least not sufficiently supported.

An investigation into situations involving these allegations often should be performed by outside legal counsel with a reputation for integrity and knowledge and experience in these practice areas.

But let me also suggest that the culture of the organization (but not an actual investigation of a specific situation) also could be an area for attention by internal audit, if the board or management puts it on internal audit’s agenda, and if internal audit is provided education and training about the critical elements, and investigation techniques, and help preparing an audit and reporting program. After all, internal audit also is looking to become more relevant in helping the organization to achieve its organizational objectives, goals and strategies.

The following is a link to one of the articles about Gretchen Carlson and what she is trying to do and accomplish: http://people.com/tv/gretchen-carlson-alleged-sexual-harassment-in-2020-interview/

 

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