ADAPT AND LEAD such as direct reports to HR; reports to a supervisor or manager other than the alleged harasser; an anonymous hotline or online reporting portal; or reports to designated alternate personnel when the complaint involves HR or senior leadership.
Respond Promptly
Employers should ensure that they respond promptly to any allegations of harassment. In the response, employers may outline the investigative process and any limitations on maintaining confidentiality( e. g., the need to interview relevant parties) and offer interim support or protective measures( as needed), but they should generally refrain from making any guarantees to the employee regarding the potential outcome or disciplinary measures.
A timely response can also support an employer’ s legal defense to the extent an individual does escalate a complaint by filing a claim with the EEOC or similar state agency or filing a lawsuit in court. For certain claims, such as allegations of a hostile work environment, employers will need to show that they took prompt corrective action as part of their legal defense.
Consider Interim Measures
Depending on the nature of the complaint and the parties involved, it may be advisable to take interim protective measures while the claim is under investigation. Examples of interim protective measures may include adjusting reporting lines, schedules, or work locations to separate the parties; placing the accused on paid administrative leave; issuing a no-contact directive between the parties; or temporarily modifying remote work or in-office schedules to minimize contact between the parties.
However, interim measures should be carefully tailored so they are not perceived as punitive toward the complainant, which could raise retaliation concerns. Employers
should also generally avoid taking any actions that may be considered an adverse employment action( e. g., demotion, unpaid leave, lack of access to opportunities, etc.) before the investigation is concluded and a determination is made.
Plan And Conduct The Investigation
Select a Neutral Investigator
It is important that any investigation into a harassment claim is fair and objective. Therefore, employers should assign a neutral investigator to lead the investigation. The investigator should generally be an individual who does not have any personal or professional conflict with either party and has sufficient training, experience, and authority to conduct the investigation. Examples of neutral investigators may include HR personnel and in-house counsel or, depending on the severity of the claim and the parties involved, outside counsel or another hired third-party investigator.
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