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To build a sexual harassment case, a complainant should gather evidence such as emails, text messages, and witness testimonies. Utilizing the Delaware Checklist for Investigation Sexual Harassment - Workplace can help outline the types of evidence needed, while establishing patterns of behavior is also crucial. Strong documentation assists in validating claims and promotes a serious response from employers.
Questions to Ask the Complainant:Who, what, when, where, and how: Who committed the alleged harassment?How did you react?How did the harassment affect you?Are there any persons who have relevant information?Did the person who harassed you harass anyone else?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.
How to Conduct an Investigation InterviewAlways approach your interviews with an open mind.Prepare, prepare, prepare.Schedule a time and place to meet.Establish rapport.Practice confidentiality from the outset.Start simple.Progress to more complex questions.Ask about confusing points or contradictions.More items...?
The 5 Most Common Types of Workplace HarassmentSexual Harassment in the Workplace.Disability Harassment.Racial Harassment.Sexual Orientation and Gender Identity Harassment.Ageism.
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.
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 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.
With that in mind, here are 10 key questions that can help start your investigation:Who committed the alleged behavior?What happened?When did this occur?Where did this happen?Did you let the accused know that you were upset by this?Who else may have seen or heard this as a witness?More items...
A thorough investigation is one with systems to:Identify and collect all available evidence,Identify all the witnesses, victims, and possible suspects,Accurately document the criminal event,Accurately document the investigative actions,Develop theories of how the crime was committed and who may be a suspect, and.More items...