Q. "What are the basic steps of a harassment investigation?"

Answer:

When an organization receives a harassment claim, they have a legal obligation to conduct an investigation. How in-depth the investigation is varies depending on the severity of the claim, but here are the basic steps each investigation should include:


1. Pick an Interviewer

  • Typically, this person would be an impartial manager, board member, or HR representative

  • They should approach the investigation process without a presumption of guilt or innocence and treat the situation as fairly as possible

  • The investigation can and should be conducted and closed within three days, under most circumstances

 

2. Conduct Interviews

  • Speak with the employee who made the complaint (if you know who they are), the accused employee, and any witnesses

  • Interview questions should not lead an interviewee toward a particular response or be accusatory in nature

  • Interview questions should be unbiased, open-ended, and prepared in advance

  • Do not promise a particular outcome to employees participating in the investigation

 

3. Conclude and Document

  • If the company determines the accused employee did in fact violate the harassment or other workplace policy, appropriate disciplinary measures should be administered

  • What qualifies as appropriate depends on the severity of the behavior and may include termination of employment

  • A summary of findings should be placed in the accused employee’s file

  • Above all, be consistent with similar situations and follow policies laid out in your staff handbook

 

4. Wrap It Up

  • Inform both the accused employee and accuser about the conclusions of the investigation and any disciplinary measures taken

  • The accuser doesn't need to know the specific disciplinary action, just that appropriate corrective action has been taken

  • Remind both employees you will not tolerate retaliation

  • In some situations, it is advisable to separate employees to limit the potential for future incidents, but care should be taken so this step doesn’t have a negative impact on the employee who raised the complaint


In addition to the above steps, consider consulting with a HR Professional or legal counsel when you receive allegations of harassment or discrimination. It’s never a bad idea to get the outside opinion of someone who has been through this process before and can help you succeed.

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