Is Your Workplace Prepared to Handle a Harassment Complaint?

03/05/07

As an HR professional, there is a good chance you will have to deal with a complaint regarding improper conduct. Not following the proper steps in a timely fashion could spell real trouble for your company in the form of morale issues, bad press or even litigation. The following is a brief description of an employer’s responsibilities, along with tips on how to carry out a comprehensive investigation.

Employer’s responsibility
Essentially, employers should encourage employees to step forward with any complaints. Employers must effectively communicate anti-harassment policies and complaint procedures. Should a complaint arise, an employer’s first responsibility is to take action to stop the harassment immediately.

Every harassment complaint warrants an investigation
Recent Supreme Court rulings have reinforced the responsibility of employers regarding harassment complaints. Employers have both a duty to prevent, and to respond to and investigate, any harassment complaints.

What an investigation should entail
A clearly defined process minimizes the possibility of employee legal action and provides for a more objective outcome based on its results.

A written policy
To be as fair and objective as possible, outline the process of the investigation, what each party can expect, how a decision will be reached, possible outcomes, etc.

A trained, unbiased investigator
The investigator will influence the perception of how fair your investigation is. If you do not have a staff member that is experienced with human relations, employment law and conflict resolution, consult an outside expert.

A timely fashion
Reinforce the perception of fairness by completing the investigation quickly. Be prompt but thorough. Most investigations should take no longer than five to 10 days upon receipt of the complaint.

Careful fact-finding
Interviews should be handled professionally. Questions should be open-ended. The investigator should never discuss any aspect of the investigation until it is completed.

Documentation of the results
All steps of the investigation should be properly documented. Your records help support the fairness of an investigation and would prove useful should the case go to court.

And, finally, carry out the investigation with the utmost fairness.

Need help?
G.Neil has developed the Harassment Investigation Kit to show you how to correctly handle and document each step of an investigation, including interviews, corrective action and a final report. This kit will provide you with the necessary tools to launch a thorough investigation within 48 hours, as recommended by the U.S. Equal Employment Opportunity Commission.

February, 2005