Maine Memo - Sexual Harassment Investigation Process - Workplace
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FAQ
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.
A proper investigation must:Gather information.Search for and establish facts.Isolate essential contributing factors.Find root causes.Determine corrective actions.Implement corrective actions.
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.
Yes, your company can require you to take part in its investigation. Most likely, your company can require you to take part in its investigation. After all, the only way the company can find out what's going on -- and take steps to remedy the problem -- is by talking to the employees involved.
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.
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.
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...?
Unfortunately, one of the reasons it is so pervasive is that it is so hard to prove. Proof can be extremely important in such cases for many reasons. It can make it harder for harassers to deny their behavior and avoid consequences. It can also make it harder for a business to simply ignore the behavior or cover it up.
Inform the complainant. Tell the complainant the results of the investigation and corrective action plan. If your findings substantiate her complaint, attempt to secure her acceptance of the action plan.
I feel like I have been subjected to insults and derogatory remarks by a coworker, Name of the harasser. This is a formal complaint of harassment that I have been subjected to, and I request an early action and proper investigation of the situation.
