California Memo - Sexual Harassment Investigation Process - Workplace
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FAQ
The following steps should be taken as soon as the employer receives a verbal or written complaint.Step 1: Ensure Confidentiality.Step 2: Provide Interim Protection.Step 3: Select the investigator.Step 4: Create a Plan for the Investigation.Step 5: Develop Interview Questions.Step 6: Conduct Interviews.More items...
An employer is required to conduct an investigation into incidents and complaints of workplace harassment that is appropriate in the circumstances. In other words, a formal complaint is not required to trigger an investigation.
Write the Investigation Reporta description of the allegation.chronology of events.the complainant's and accused person's names.documents reviewed (including copies)list of interviewees with dates of interviews.interview notes.credibility assessment.conclusion.More items...?
Conducting Workplace Investigations in CaliforniaSelecting the investigator.The investigation must be free of any appearance of influence or bias.The investigation must ask the right questions.The investigator must make credibility assessments.The investigation's final determination and continual monitoring.
Jump to a section:Investigate with Purpose.Respond Quickly But Be Prepared.Create an Investigation Plan.Take Interim Action.Protect the Complainant.Protect the Accused.Document Everything.Get External Help.More items...?9 Sept 2021
Step 1: Decide Who Will Conduct It We've all heard it: Prior planning prevents poor performance! That holds true with investigations. The first step to a useful investigation is to determine who will conduct it. Some options include human resources personnel, management, an outside consultant, or an attorney.
When an employee makes a report or complaint alleging sexual harassment or illegal harassment based on other protected characteristics like religion, race, age, disability and others, the employer has the legal duty to prevent and correct unlawful behavior, to quote state law.
Under the California Business and Professions Code Section 7520-7539, an external consultant hired to conduct a workplace investigation must be a state-licensed private investigator or state-licensed attorney.
Below are ten tips for how to conduct an investigation step by step:Step #1: Make a Decision.Step #2: Take Prompt Action.Step #3: Select an Investigator.Step #4: Plan the Investigation.Step #5: Interview.Step #6: Gather Evidence.Step #7: Evidence Evaluation.Step #8: Take Action.More items...
When an employee comes to you with a harassment complaint, taking quick action is key. Inform the reporter that you are obligated to involve HR. Whether or not the employee is in danger, immediate reporting of the allegation protects them and your organization.
