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In order to rise to the level of illegality, hostile work environment harassment must be severe, pervasive, and reasonably offensive.
These HR investigation questions can help you gather the most useful information from your witnesses:What did you witness?What was the date, time, and duration of the incident or behavior you witnessed?Where did it happen?Who was involved?What did each person do and say?Did anyone else see it happen?More items...?
The civil harassment laws say harassment is: Unlawful violence, like assault or battery or stalking, OR. A credible threat of violence, AND. The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it.
Verbal conduct examples:Sexual epithets, jokes, derogatory comments or slurs.Using terms of endearment, such as honey, sweetie, or baby.Comments about the employee's appearance or body parts.Comments and/or questions about your or the employee's sex life.Repeated, unwelcome requests for dates.More items...?
Key questions for conducting a hostile work environment investigationWhat specifically do you believe is hostile in the work environment?How has the behavior negatively affected you and your work?Are any other employees bothered by this behavior?How often did it occur?Who engaged in the behavior?More items...?
Open-ended questions are questions presented to the person being interviewed to see if they have anything else that they want to add. The EEOC recommends asking witnesses, accusers, and the accused questions such as these: Do you know of any other information that would be helpful to the investigation?
Include the date, time, and place of each interview, the name of the witness, and whether anyone else was present. Don't just record the witnesses' conclusions; include all the important facts that the witness relates or denies, using the witness's own words whenever possible.
So, what behaviors are considered criteria for a hostile work environment?Sexual / racial harassment.Discrimination of any kind.Consistent aggressiveness.Ridiculing or victimization.Lots of complaints and threats for punishment.That feeling you get.
In order to rise to the level of illegality, hostile work environment harassment must be severe, pervasive, and reasonably offensive.
What Three Factors Are Commonly Used to Determine Whether Conduct is Considered Unlawful Workplace Harassment?Whether the victim tolerated the harassment to obtain or keep their job.Whether the harassment was extensive enough to create a hostile or intolerable work environment.More items...