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Harassment Investigation

California law requires employers to conduct prompt, thorough and unbiased investigations of complaints of workplace harassment, discrimination or retaliation. In addition, investigations should be conducted in accordance with your anti-harassment policy and any other relevant policy, such as an internal grievance policy.

Harassment Investigation OverviewHarassment Investigation Overview
Employers are required by law to use qualified personnel to conduct impartial, timely, fair and thorough investigations that provide all parties due process and reach reasonable conclusions based on the evidence collected.

Example of a Proper InvestigationExample of a Proper Investigation
The case of Silva v. Lucky Stores, Inc., provides an example of an appropriate sexual harassment investigation.

Example of Improper InvestigationsExample of Improper Investigations
Employers can make critical missteps when faced with allegations of misconduct. Even if allegations of misconduct seem to amount to a “he said/she said” situation, a good faith investigation is required, and terminating a strong performing employee after a complaint of harassment can be fraught with legal peril.

Select the Sexual Harassment InvestigatorSelect the Sexual Harassment Investigator
Determining who should conduct the investigation is a critical part of the planning process.

Take Interim Action Pending the Investigation’s OutcomeTake Interim Action Pending the Investigation’s Outcome
When you first learn of a complaint, determine if you must take any interim actions before you initiate an investigation. Make a similar determination after the initial interviews are complete. You may need to take steps to protect the health and safety of other employees or to protect the integrity of the company’s policies or guidelines.

Investigation PlanInvestigation Plan
After the investigator collects and analyzes the facts and then draws conclusions, he/she should document the findings and conclusions in an investigation summary.

Take Accurate NotesTake Accurate Notes
Accurate note taking in a sexual harassment investigation is critical. However, the investigator must be able to establish a rapport with the witness and assess his/her credibility. The investigator should assess the best means to take notes and maintain this rapport.

Interview the ComplainantInterview the Complainant
At this point in the sexual harassment investigation, you are ready to begin your formal, initial interview with the person who is raising the complaint. The most important objective of this initial interview is to gather the facts of the situation.

Interview Other WitnessesInterview Other Witnesses
Interview any witnesses that either party requests to be interviewed. You may need to re-interview the complainant or the accused, depending on what is learned during your interviews. Follow up to close any loopholes.

Interview the RespondantInterview the Respondant
A good investigator never forgets that everyone is innocent until proven guilty. In most situation, you will usually interview the complainant first. Then, you will usually interview the alleged harasser. You may not need further investigation if the alleged harasser admits to the allegations.

Conduct a Follow-Up InterviewConduct a Follow-Up Interview
You may need to interview the complainant and/or the alleged harasser again at the end of the process. You may learn that the complainant just broke off a relationship with the alleged harasser and her coworkers referred to her as a “jilted lover.”

Resolving a Sexual Harassment ComplaintResolving a Sexual Harassment Complaint
Resolving a Sexual Harassment Complaint

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