Delaware Checklist for Investigation Sexual Harassment - Workplace

State:
Multi-State
Control #:
US-AHI-184
Format:
Word
Instant download

Description

This AHI checklist is used for the investigation of a sexual harassment complaint. The checklist ensures that all aspects of the investigation are fully covered.

Delaware Checklist for Investigation Sexual Harassment — Workplace Sexual harassment remains a significant issue in the workplace, affecting both employees and organizations. To effectively address and resolve incidents of sexual harassment, employers in Delaware must follow a thorough investigation process. This checklist outlines the essential steps and considerations for conducting a comprehensive investigation into sexual harassment complaints in the workplace. 1. Act promptly: Ensure that the investigation begins promptly after receiving a complaint to prevent further harm and demonstrate the seriousness of the matter. 2. Appoint a trained investigator: Designate a qualified individual to lead the investigation. This person should possess the skills and knowledge necessary to conduct a fair and unbiased inquiry. 3. Identify the nature of the complaint: Clearly define the specific allegations made and gather all relevant information, including the date, time, location, and individuals involved. 4. Notify involved parties: Inform the complainant and the alleged perpetrator about the investigation process, confidentiality obligations, and possible outcomes. Emphasize protection against retaliation for both parties. 5. Gather evidence: Collect tangible evidence, such as written documents, emails, or text messages, as well as any other relevant physical evidence, such as photographs or videos. Conduct interviews with potential witnesses. 6. Speak with the complainant: Meet with the complainant to gain a better understanding of their experiences, ensuring a safe and comfortable environment for sharing information. Document their statements and any supporting evidence provided. 7. Interview the alleged perpetrator: Give the accused party an opportunity to provide their side of the story. Document their statements and any evidence they present. 8. Communicate with witnesses: Interview witnesses who can provide unbiased information about the incident or the parties involved. Document their statements and gather any supporting evidence they may possess. 9. Analyze evidence: Carefully examine all the evidence gathered, ensuring objectivity and fairness. Consider the credibility, consistency, and relevance of the evidence to form a comprehensive understanding of the situation. 10. Reach a conclusion: Based on the evidence provided, determine whether sexual harassment occurred. Consider the totality of the circumstances, the severity and frequency of the alleged conduct, and the impact on the parties involved. 11. Document findings: Prepare a detailed report summarizing the investigation process, including all relevant evidence, witness statements, and the ultimate conclusion reached. Maintain confidentiality while sharing the report with appropriate parties, such as HR personnel or legal advisors. 12. Take appropriate action: If sexual harassment is substantiated, ensure that appropriate disciplinary action is taken against the perpetrator, adhering to all relevant laws and company policies. Implement measures to prevent future incidents and promote a harassment-free workplace environment. Types of Delaware Checklist for Investigation Sexual Harassment — Workplace: 1. Basic Investigation Checklist: Covers the essential steps required for conducting a sexual harassment investigation, as outlined above. 2. Advanced Investigation Checklist: Provides additional guidelines for conducting complex and sensitive investigations, including cases involving high-ranking individuals, multiple complainants, or situations with potential legal ramifications. 3. Preventive Measures Checklist: Offers guidance on implementing proactive measures to prevent sexual harassment in the workplace, including robust policies, awareness training, and thorough reporting procedures. By adhering to this Delaware Checklist for Investigation Sexual Harassment — Workplace, employers can foster safer and more inclusive work environments, promoting respectful behavior and ensuring the well-being of their employees.

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FAQ

Questions to Ask the Complainant:Who, what, when, where, and how: Who committed the alleged harassment?How did you react?How did the harassment affect you?Are there any persons who have relevant information?Did the person who harassed you harass anyone else?More items...

An employer is required to conduct an investigation into incidents and complaints of workplace harassment that is appropriate in the circumstances. In other words, a formal complaint is not required to trigger an investigation.

How to Conduct an Investigation InterviewAlways approach your interviews with an open mind.Prepare, prepare, prepare.Schedule a time and place to meet.Establish rapport.Practice confidentiality from the outset.Start simple.Progress to more complex questions.Ask about confusing points or contradictions.More items...?

The 5 Most Common Types of Workplace HarassmentSexual Harassment in the Workplace.Disability Harassment.Racial Harassment.Sexual Orientation and Gender Identity Harassment.Ageism.

When an employee comes to you with a harassment complaint, taking quick action is key. Inform the reporter that you are obligated to involve HR. Whether or not the employee is in danger, immediate reporting of the allegation protects them and your organization.

Below are ten tips for how to conduct an investigation step by step:Step #1: Make a Decision.Step #2: Take Prompt Action.Step #3: Select an Investigator.Step #4: Plan the Investigation.Step #5: Interview.Step #6: Gather Evidence.Step #7: Evidence Evaluation.Step #8: Take Action.More items...

When an employee makes a report or complaint alleging sexual harassment or illegal harassment based on other protected characteristics like religion, race, age, disability and others, the employer has the legal duty to prevent and correct unlawful behavior, to quote state law.

With that in mind, here are 10 key questions that can help start your investigation:Who committed the alleged behavior?What happened?When did this occur?Where did this happen?Did you let the accused know that you were upset by this?Who else may have seen or heard this as a witness?More items...

A thorough investigation is one with systems to:Identify and collect all available evidence,Identify all the witnesses, victims, and possible suspects,Accurately document the criminal event,Accurately document the investigative actions,Develop theories of how the crime was committed and who may be a suspect, and.More items...

In order to rise to the level of illegality, hostile work environment harassment must be severe, pervasive, and reasonably offensive.

More info

Investigation of a Complaint. The Coordinator shall promptly assign a formal complaint of sexual harassment, a discrimination complaint, or any other complaint ... Although Delaware already prohibits workplace sexual harassment, the Law,participating in a sexual harassment investigation, or testifying in any ...The Delaware Discrimination in Employment Act prohibits discrimination inwho file discrimination complaints or participate in the investigation or ... CRC enforces Section 188 of the Workforce Innovation and Opportunity Act (WIOA),A sexual harassment investigation requires multiple components, ...7 pagesMissing: Delaware ? Must include: Delaware CRC enforces Section 188 of the Workforce Innovation and Opportunity Act (WIOA),A sexual harassment investigation requires multiple components, ... Employers can provide sexual harassment prevention training in conjunction with other training provided to employees. Employees can complete ... Clear Law Institute's online course, Preventing Workplace Harassment, includes all of the required content from the Delaware sexual harassment training law. Employers have the responsibility to keep the workplace safe and respectful by taking necessarySexual Harassment Training Requirements in Delaware. Any employee of Literacy. Volunteers of Otsego & Delaware County who retaliates against anyone involved in a sexual harassment investigation will be ... The employee faced retaliatory action due to a r a sexual harassment complaint, filing a charge, participating in an investigation, or ... Checklist Three: A Harassment Reporting System and InvestigationsA reporting system that allows employees to file a report of harassment they have ...

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Delaware Checklist for Investigation Sexual Harassment - Workplace