Workplace Harassment Investigation
An investigation into allegations of workplace harassment can take some time, especially if multiple parties are involved and/or the allegation is serious. While employers should seek to complete investigations as quickly as possible, they should also ensure that the process is fair and thorough. Investigations that are not conducted properly can lead to unnecessary legal complications and potential liability for the employer.
In many cases, a workplace harassment lawyer investigation will require the cooperation of witnesses. These may include the victim, alleged harasser, supervisors, coworkers, and/or clients or customers. It is important to interview these individuals in order to gather evidence and establish if the alleged incident(s) did, in fact, occur. However, these interviews can be difficult for employees to conduct – particularly witnesses who are afraid of retaliation. It is therefore important to encourage witnesses to participate and reassure them that the employer will protect their privacy and confidentiality.
It is important to ensure that the individual chosen to lead an investigation is both impartial and competent. It is recommended that the investigator be an HR manager or someone who is not directly associated with either party in the case. A third-party investigator can also be hired, particularly if it is anticipated that the case could result in disciplinary action and/or litigation.
How Long Does a Workplace Harassment Investigation Take?
The investigator should be given a provisional timeframe in which the investigation is expected to be completed. However, it is vital that the investigator does not feel restricted by this deadline. They must be allowed to complete the investigation thoroughly and do so without the influence of external factors such as a desire to avoid retaliation or concerns that they will be perceived to be biased.
The first step in a workplace harassment help investigation is to interview the individual who reported the harassment. It is important to remember that complainants are often nervous about speaking up for fear of retaliation and will be concerned about the impact of the investigation on their work performance. Interviewers should reassure them that their confidentiality will be protected and that the accused will only be notified of the complaint once it is proven to be true.
During interviews, it is important to listen carefully and take notes. This can help to identify patterns of behavior and identify any additional forms of evidence that may need to be reviewed. Interviewees should be encouraged to provide written statements as this can be useful should the matter be referred to a tribunal for adjudication.
It is important to remember that it is unlawful to discriminate or harass on the basis of race, sex, religion, age, place of birth, disability and sexual orientation. As such, it is essential to only report what you know to be the truth. It is also important to refrain from gossip or sharing information about the investigation with other coworkers. This can have a negative impact on the victims, the people being investigated, and the workplace as a whole.
