When a company receives a complaint of sexual harassment, it must take immediate and appropriate steps to investigate. A thorough and fair investigation not only protects the company from liability but also ensures that employees feel safe and supported in their workplace.
If you’re in HR or a management role, understanding the proper steps to take during a workplace investigation is crucial. Here’s a breakdown of what needs to happen when an employee reports harassment.
Step 1: Receiving the Complaint
The first step in any workplace investigation is receiving the complaint. The employee making the report (the complainant) should be given the opportunity to:
- Document their concerns in writing.
- Provide any supporting materials, such as emails, text messages, or notes.
- Explain the impact of the behavior on their work environment.
Ensuring that the complainant is heard and supported is essential to starting the process on the right foot.
Step 2: Defining the Scope of the Investigation
Next, HR must determine the scope of the investigation. Important factors include:
- Who needs to be interviewed? Witnesses, supervisors, and other relevant parties should be identified.
- Where did the incidents occur? Did the alleged harassment take place in the office, at a work-related event, or through digital communication (such as Slack, Teams, or email)?
- What evidence needs to be reviewed? Emails, messages, and other documents may play a key role.
Having a clear scope ensures that the investigation is thorough and unbiased.
Step 3: Maintaining Confidentiality
Confidentiality is critical in workplace investigations. While key stakeholders must be informed, details should not be shared unnecessarily. At the same time, the accused (the respondent) must be made aware of the complaint.
- The respondent should be informed that an allegation has been made against them.
- Anti-retaliation policies must be enforced. The company should make it clear that any retaliation against the complainant will result in termination.
In some cases, HR may need to temporarily adjust work schedules or assignments to limit interaction between the involved parties. However, this should be done in a way that does not unfairly burden the complainant. Courts frown upon situations where the person making the complaint is the one facing negative consequences.
Step 4: Preserving Evidence
Preserving all relevant evidence is a crucial part of the investigation. HR should:
- Instruct employees not to delete emails, messages, or other communications related to the complaint.
- Work with IT to retrieve relevant emails and records.
- Determine whether there is a history of similar complaints.
If there is evidence of an ongoing issue or previous reports against the same individual, this information may be relevant to the investigation.
Step 5: Conducting Interviews
Once evidence is gathered, interviews should be conducted with:
- The complainant
- The respondent
- Witnesses and supervisors
During interviews, employees should be reminded that they are expected to keep the discussion confidential. The goal is to assess credibility and gather as many facts as possible.
Key questions to consider:
- Have similar complaints been made against the respondent before?
- Do the statements provided by different individuals align?
- Are there inconsistencies in any of the accounts?
Step 6: Drafting the Investigative Report
The next step is compiling all findings into an investigative report. This report should focus solely on facts, not opinions. It should include:
- A summary of the complaint.
- A timeline of key events.
- Evidence reviewed, including emails, messages, or notes.
- Statements from relevant individuals.
This report serves as an official record of the investigation and may be used to support future decisions or legal actions.
Step 7: Determining the Appropriate Action
Once the investigation is complete, HR must decide what action to take. This is often one of the most challenging parts of the process. Possible outcomes include:
- Counseling or additional training for the respondent.
- A written warning or unpaid suspension.
- Termination, if the behavior was severe or if there is a pattern of misconduct.
In serious cases, failure to take appropriate action can expose the company to legal liability. If an employee engages in repeated misconduct and the company fails to act, they can be held accountable in future lawsuits.
Step 8: Communicating the Findings
Finally, the company should communicate the results of the investigation:
- The complainant should receive a summary of the findings to ensure their concerns were taken seriously.
- The respondent should be informed of any disciplinary action.
- Supervisors or key stakeholders should be updated on a need-to-know basis.
Handling workplace harassment complaints correctly is critical to maintaining a safe and fair work environment. By following these steps, employers can protect employees, uphold company policies, and mitigate legal risks.
If you need legal guidance on workplace investigations or HR compliance, contact Cramer Law today.
