Failure to appropriately respond to harassment allegations can lead to significant legal, financial, and reputational harm to an employer.
ADAPT AND LEAD
Failure to appropriately respond to harassment allegations can lead to significant legal, financial, and reputational harm to an employer.
Plan the Investigation
Once an investigator is selected, the employer may develop an investigation plan that identifies the scope of the allegations, the witnesses to be interviewed, documents or evidence to be gathered, and a reasonable timeline for completion. Investigations should be completed in a timely fashion to improve the accuracy of witness statements, reduce the risk of litigation, and prevent ongoing harassment.
Interview Relevant Parties
A key component of the investigation is the interviewing of relevant parties, including the alleged victim, the complainant( if different from the alleged victim), the alleged harasser, and any witnesses. As a general matter, the interviewer should remain objective and ask open-ended questions. The interview questions should establish key facts, such as the parties involved, the nature of the alleged harassment, when and where the alleged harassment occurred, and whether there were any witnesses. When interviewing the accused, the interviewer may provide notice of the general nature of the allegations and a meaningful opportunity to respond. When interviewing a unionrepresented employee in circumstances that could lead to discipline, employers may be required to offer the employee the opportunity to have a union representative present, depending on the terms of any underlying collective bargaining agreement.
The collective bargaining agreement may also establish timelines for discipline or grievance procedures. Therefore, employers should carefully consult any applicable collective bargaining agreements if the interviews involve a unionized employee.
Collect Evidence
In addition to interviews, employers should collect relevant documentary evidence. This may include the initial complaint, emails, text messages, messaging-platform communications, security or badge access records, personnel files, and, where relevant and lawfully obtainable, social media posts. Employers may also take steps to preserve the integrity of electronic evidence.
Maintain Confidentiality
While complete confidentiality generally cannot be guaranteed as the accused individual will need to be advised of the
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