The 8 Most Critical Steps in a Workplace Harassment Investigation

How well an employer conducts a workplace harassment investigation can impact an employee’s confidence in reporting such incidents. Additionally, it can affect confidence in the workplace, as well as their overall mental health. Moreover, a 2019 survey by HR Acuity found that 85% of workers surveyed expressed reserve about reporting incidents. Specifically, respondents lacked confidence that workplace incidents would be handled fairly or feared retaliation if they reported them. Therefore, employers need to provide an adequate system for handling harassment complaints. Such a system should be efficient, compliant with the law, and eventually, restore a healthy and safe work environment. Earlier, The Equal Employment Opportunity Commission (EEOC) issued an antisemitism resolution condemning acts of bias against Jewish individuals.

What Constitutes Workplace Harassment?

The EEOC defines harassment as a form of employment discrimination that violates:

• Title VII of the Civil Rights Act of 1964,
• The Age Discrimination Act of 1967 (ADEA), and
• The Americans with Disabilities Act of 1990 (ADA).

Generally, harassment is unwelcome conduct that violates one or more protected personal characteristics. Specifically, these are race, color, religion, sex (including sexual orientation, gender identity, and pregnancy), national origin, age, disability, or genetic information. In addition, the U.S. Department of Labor (DOL) describes two basic types of workplace harassment:

• Quid Pro Quo Harassment, which results in a tangible employment decision that hinges on an employee’s acceptance or rejection of sexual advances; and
• Hostile Work Environment Harassment, which results in unwelcome conduct within the workplace, and makes the workplace atmosphere intimidating, hostile, or offensive.

8 Steps in a Workplace Harassment Investigation

In brief, the following harassment investigation best practices will help restore employee confidence in the workplace and investigation process.

1. Employers should complete investigations of incidents thoroughly, promptly, and efficiently.
2. Employers should treat all employees involved consistently and fairly during the investigation.
3. Trained individuals like HR officers or attorneys should conduct the investigation; internal employees must remain objective and neutral.
4. The investigator should collect separate statements from the person submitting the complaint, as well as the alleged harasser, to gather details, evidence, and witnesses.
5. In addition, the investigator should interview witnesses, asking open-ended questions to elicit valuable information. Meanwhile, employers and investigators should take steps to protect witness confidentiality.
6. Throughout the interview process, the investigator should take notes. These will help when looking for inconsistencies, additional evidence, and other potential witnesses.
7. Employers must safeguard against workplace retaliation by reinforcing that it is unlawful.
8. If possible, offer paid leave to protect employees from retaliation over a harassment complaint.

Harassment Investigation Checklist

State, federal, and local laws prohibit unlawful workplace harassment of applicants and employees based on protected personal characteristics. Therefore, employers are legally obligated to thoroughly investigate all employee complaints of harassment. To this end, Personnel Concepts created the Harassment Investigation Checklist. This attorney-reviewed digital checklist assists employers step-by-step when documenting workplace harassment investigations.