Great Lakes Wire

When an employee claims they have been sexually harassed at work, the process of investigating such a claim can be daunting. A resource titled "Identifying and Preventing Workplace Harassment" provides guidance on conducting these investigations. Below is an overview of the recommended steps:

Select an interviewer: This individual should be an impartial manager, company officer, or HR representative who has ideally completed training on conducting harassment investigations. The interviewer should approach the process with a commitment to fairness and thoroughness and conduct the investigation as promptly as possible after receiving the claim.

Conduct interviews and gather evidence: Speak with the complainant (if known), the accused employee, and any named witnesses. Questions during interviews should not lead interviewees toward specific responses or be accusatory in nature. Instead, they should be unbiased, open-ended, and prepared in advance, with follow-up questions as necessary. Additionally, consider any documents, emails, photographs, videos, etc., that might aid in reaching a fair conclusion.

Make a decision and take action: After completing interviews and gathering all evidence, decide on the outcome and document the conclusions and actions taken. If it is determined that the accused employee violated harassment or other workplace policies, appropriate disciplinary measures should be taken based on the severity of behavior. A summary of findings should be placed in the accused employee’s file, and they should be reminded that retaliation against their accuser is unacceptable.

Inform the employee who made the complaint: Inform the complaining employee—and others with a legitimate need-to-know—about the conclusions reached in your investigation. While specific disciplinary actions need not be disclosed, assure them that appropriate steps were taken to address both the current situation and future prevention of harassment. Remind this employee that retaliation will not be tolerated and encourage them to report any backlash they may experience due to their complaint.

This Q&A does not constitute legal advice and does not address state or local law.

Article courtesy of Ahola.