How Should I Handle A Harassment Investigation?

What are the basic steps of a harassment investigation?

When an employer receives a harassment claim or becomes aware of potential harassment, it should respond promptly and determine the appropriate steps to investigate and address the concern.

This includes the following steps:

1.Select an investigator.

Typically, this person would be a company officer, HR professional, or a third-party investigator (such as Alternative HR). They should be objective, impartial, free from conflicts of interest, and approach the investigation process without a presumption of guilt or innocence and with the commitment to treat the situation as fairly as possible. The investigation should be conducted promptly, while allowing sufficient time to gather and evaluate the relevant information.

2.Speak with the employee who made the complaint, the accused employee, and relevant witnesses. 

Gather and review any documents or other evidence that may help establish what occurred. The questions asked during the interview should not lead an interviewee toward a particular response and should not be accusatory in nature. They should be unbiased, open-ended, and prepared in advance. It’s also important not to promise a particular outcome to employees participating in the investigation. Information should be shared only with those who need it, and confidentiality should be maintained to the extent possible.

3.Once the investigation interviews and evidence review are complete, evaluate the information and document the findings, conclusions, and actions taken. 

If the company determines that the accused employee did in fact violate its harassment or other workplace policy, appropriate disciplinary measures may be administered. What qualifies as appropriate would depend on the severity of behavior; it may include termination of employment. Investigation records should be maintained appropriately and confidentially.

4.Inform both the accused employee and the employee who raised the concern that the investigation has concluded and communicate the outcome as appropriate. 

The complaining employee doesn't need to know the specific disciplinary action, just that appropriate corrective action has been taken. Remind both employees and others who participated in the investigation, as appropriate, that you will not tolerate retaliation.

5.In some situations, it may be appropriate to separate employees or take other interim measures 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.

6.Follow up after the investigation to ensure the concerning behavior has stopped and to monitor for potential retaliation.

In addition to the above steps, it's a good idea to consult with legal counsel when appropriate, particularly when allegations are serious, complex, or present significant legal risk.

Call Alternative HR! 

Ignorance of harassment is not a solid defense for employers anymore.

To help avoid surprise harassment lawsuits, contact us today at 605.335.8198!

We can provide the necessary training on what you and your employees need to know about harassment in the workplace.

Investigating harassment complaints can be particularly challenging. No one wants to wake up one morning and find their company in the news.

In order to protect the credibility of the process, you may want to consider bringing in an outside investigator like Alternative HR:

• When you have no one on staff who has been trained to conduct investigations
• When a highly sensitive and/or complex complaint has been raised
• When the complaint involves executive and management level staff
• When you need an investigator to work with your attorney to maintain attorney client privilege because of potential litigation

Choosing an objective third party not only provides a stronger defense for the employer if a case ever goes to court, it can also make it easier for business leaders to make the right decision, even if it means terminating someone who is a strong financial asset.

Contact us at 605.335.8198 or at info@alternativehr.com

to discuss what our team can do to alleviate YOUR 

HR headaches!

ALTERNATIVE HR |www.alternativehr.com| 605.335.8198