Delaware Investigating Sexual Harassment Checklist - Workplace
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FAQ
What to Do if HR Is Investigating YouShow up to the meeting with the investigating committee.Listen closely to what you are being accused of.Get professional legal advice to salvage your reputation and help you plan your next steps.Offer proof and share your side of the story.More items...
All you need to do is answer the questions that the human resources manager or the investigator will be asking you about your complaint. There is no reason to go beyond those questions.
A: An investigation should start immediately after you become aware of a situation. Depending on how many witnesses are involved and how many people need to be interviewed, an investigation should take 24-72 hours.
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.
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.
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.
When dealing with workplace harassment your human resources department will determine how to handle the harassment complaint appropriately. For instance, if a manager makes an isolated inappropriate comment, the action may include retraining, probation, and continued monitoring.
What to Do When You Are Being Investigated at WorkKeep your appointment with the investigating committee. Your manager, HR, and any other neutral party could be involved.Listen.Consult a lawyer.Share your side of the story and offer proofs.Do not retaliate.Ask to understand your options.
A: An investigation should always be kept confidential and only those conducting the investigation should have the full details. An employer is not required or obligated to disclose who filed a concern and the specifics of the concern/complaint. You want to ensure confidentially as much as you possibly can.
In order to rise to the level of illegality, hostile work environment harassment must be severe, pervasive, and reasonably offensive.
