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Take all complaints seriously. Launch a prompt investigation. Protect confidentiality to the extent possible. Create an investigation file. Take steps to prevent retaliation. Prepare to interview appropriate parties. Interview the complainant. Interview witnesses.
Report Immediately 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.
Assuming that an investigation is the answer to every workplace problem. Acting on complaints that lack substance: Failure to follow the process. The wrong person investigates. The scope of the investigation is unclear. Confidentiality is not respected. Preconceptions about the outcome. Allowing the time frame to blow out.
Under many laws (e.g., Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Occupational Safety and Health Act (OSHA), the Sarbanes-Oxley Act, state and local nondiscrimination laws), employers are legally obligated to investigate complaints (harassment,
Harassment based on race. Harassment based on gender. Harassment based on religion. Harassment based on disability. Harassment based on sexual orientation. Age-related harassment. Sexual harassment. Quid pro quo sexual harassment.
What happened? What was the date, time and duration of the incident or behavior? How many times did this happen? Where did it happen? How did it happen? Did anyone else see it happen? Who? Was there physical contact? What did you do in response to the incident or behavior?
Take all complaints seriously. Launch a prompt investigation. Protect confidentiality to the extent possible. Create an investigation file. Take steps to prevent retaliation. Prepare to interview appropriate parties. Interview the complainant. Interview witnesses.
The investigator should start with the complainant and focus on limiting and clarifying the specific allegations. Next, they will go over the details of each alleged incident, asking what was said and by whom, who witnessed what, under what circumstances did the events occur, and what documents, if any, were exchanged.
Any employee who believes he or she has been the target of sexual harassment is encouraged to inform the offending person orally or in writing that such conduct is unwelcome and offensive and must stop.