Q. "An employee is requesting copies of their harassment complaint and investigation files. How should I respond?"

Answer:

You can share a copy of the original complaint with the person who filed it, tell them about general results, and let them know whom they should speak to if harassment continues.


You shouldn’t hand over investigation notes, witness statements, or other documentation shared with an expectation of confidentiality (at least whenever possible) which could potentially deter employees from participating in future investigations.


Likewise, the employee’s complaint shouldn’t be shared with anyone else including the accused party which could not only break confidence but lead to retaliation.


On a related note, since employees can request copies of their personnel files, it’s best to keep investigation files separate. You can include a copy of the general results in the personnel file, but don’t include complaints, investigation notes, or witness statements.

 

Has your staff had Harassment Prevention Training?