Harassment Investigation

HARASSMENT INVESTIGATION GUIDE

Getting the employee to describe the claim:

Ð'Ñ"Ð"ÐŽ Listen to the charge. DonÐ'ÐŽÐ'¦t make comments like, Ð'ÐŽÐ'§YouÐ'ÐŽÐ'¦re overreacting.Ð'ÐŽÐ'Ё

Ð'Ñ"Ð"ÐŽ Acknowledge that bringing a harassment complaint is a difficult thing to do.

Ð'Ñ"Ð"ÐŽ Maintain a professional attitude.

Ð'Ñ"Ð"ÐŽ Gather the facts; donÐ'ÐŽÐ'¦t be judgmental.

Ð'Ñ"Ð"ÐŽ Ask who, what, when, where, why, and how. Find out if the employee is afraid of retaliation. How does the employee want the problem resolved?

Conducting an investigation of the claimÐ'ÐŽXgeneral rules to follow:

Ð'Ñ"Ð"ÐŽ Investigate immediately. Delaying or extending an investigation can make witness testimony increasingly unreliable.

Ð'Ñ"Ð"ÐŽ Remember that the manner in which the investigation is handled can itself furnish grounds for a hostile environment claim, so carefully document every step.

Ð'Ñ"Ð"ÐŽ Treat all claims seriouslyÐ'ÐŽXeven those that seem frivolousÐ'ÐŽXuntil you have reason to do otherwise.

Ð'Ñ"Ð"ÐŽ Keep the investigation confidential. Emphasize to those involved that your discussions are not to be shared with unconcerned parties. Warn of possible disciplinary action, if necessary.

Ð'Ñ"Ð"ÐŽ Limit the number of persons who have access to the information. Communicate strictly on a Ð'ÐŽÐ'§need to knowÐ'ÐŽÐ'Ё basis.

Ð'Ñ"Ð"ÐŽ Ask questions so that information is not unnecessarily disclosed. For example, instead of asking, Ð'ÐŽÐ'§Did you see Paul touch Joan?Ð'ÐŽÐ'Ё ask Ð'ÐŽÐ'§Have you seen anyone touch Joan at work in a way that made her uncomfortable?Ð'ÐŽÐ'Ё RememberÐ'ÐŽXthe purpose of the investigation is to gather facts, not disseminate allegations.

Ð'Ñ"Ð"ÐŽ If there is more than one allegation, treat each separately.

Ð'Ñ"Ð"ÐŽ To avoid defamation liability, never broadcast the facts of a given situation or the results as an example to others or as a training tool.

Interviewing the complainant (Can be done when employee first reports charge):

Ð'Ñ"Ð"ÐŽ Get specific details.

Ð'Ñ"Ð"ÐŽ Find out whether there was a pattern of previous episodes or similar behavior toward another employee.

Ð'Ñ"Ð"ÐŽ Get the specific context in which the conduct occurred. Where? What time?

Ð'Ñ"Ð"ÐŽ Determine the effect of the conduct on the complainant. Was it economic, non-economic and/or psychological?

Ð'Ñ"Ð"ÐŽ Determine the time relationship between the occurrence of the conduct, its effect on the complainant, and the time when the complainant made the report.

Ð'Ñ"Ð"ÐŽ Prepare a detailed chronology.

Ð'Ñ"Ð"ÐŽ Analyze whether there might have been certain events that triggered the complaint, i.e., promotion, pay or transfer denial.

Ð'Ñ"Ð"ÐŽ Determine whether there were any possible motives on the part of the complainant.

Ð'Ñ"Ð"ÐŽ Find out what the complainant wants.

Ð'Ñ"Ð"ÐŽ Explain to the complainant that the charges are serious, that you will conduct a thorough investigation before reaching any conclusion, and that he or she will not be retaliated against for making the complaint.

Ð'Ñ"Ð"ÐŽ DonÐ'ÐŽÐ'¦t make any statements about the accused employeeÐ'ÐŽÐ'¦s character, job performance, or family life.

Interviewing the accused:

Ð'Ñ"Ð"ÐŽ Obtain a statement from the accused.

Ð'Ñ"Ð"ÐŽ Identify the relationship of the accused to the complainant.

Ð'Ñ"Ð"ÐŽ Was there any prior consensual relationship between the parties? How long have they known each other? Is there a history of group or individual socializing?

Ð'Ñ"Ð"ÐŽ If the individual was a supervisor, indicate the individualÐ'ÐŽÐ'¦s job title, obtain a copy of the individualÐ'ÐŽÐ'¦s job description,