Title: Missouri Checklist of Questions to Ask Sexual Harassment Witnesses in the Workplace — Comprehensive Guide Introduction: Sexual harassment is a serious issue that requires proper investigation in the workplace. Gathering testimony from witnesses plays a crucial role in understanding the incident and determining the appropriate course of action. This comprehensive checklist presents a set of questions specifically tailored for sexual harassment cases in Missouri workplaces, ensuring a comprehensive investigation process. 1. Key Considerations: — Familiarize yourself with Missouri state laws and regulations regarding sexual harassment in the workplace. — Ensure that all interviewees are comfortable and willing to share their experiences. — Maintain confidentiality and assure witnesses that retaliation is prohibited. 2. General Questions: a) Witness Background: — What is your relationship with the person who experienced sexual harassment? — How long have you known and interacted with the involved parties? — Have you witnessed any prior incidents of sexual harassment between these individuals or involving others? — Have you ever experienced or witnessed sexual harassment yourself in this workplace? b) Incident Background: — Did you witness the alleged incident(s) of sexual harassment? — Where and when did the incident(s) occur? — Were there any other employees present during the incident(s)? — Did you observe any physical evidence or signs of distress before, during, or after the incident(s)? c) Perpetrator and Victim Behavior: — Describe the behavior of the alleged perpetrator during the incident(s). — Describe the behavior of the victim during the incident(s). — Did you notice any changes in either party's behavior following the incident(s)? 3. Specific Questions: a) Details of the Incident: — Can you provide a detailed account of what you witnessed during the alleged incident(s)? — Did the involved parties communicate verbally or non-verbally during the incident(s)? — Were there any witnesses to the alleged incident(s) other than yourself? — Did the victim express their discomfort or objection towards the behavior at any point? b) Context and Impact: — How did other employees react to the alleged incident(s)? — Did the incident(s) impact the working environment or affect job performance? — Were there any immediate consequences or actions taken by supervisors or management following the incident(s)? — Did you become aware of any retaliation or further incidents as a result of the initial sexual harassment incident(s)? 4. Conclusion: — Thank the witness for their cooperation and honesty. — Reiterate the importance of their role in addressing sexual harassment. — Advise them to report any additional information if it arises. — Inform the witness about the confidentiality of the investigation process. Types of Missouri Checklist of Questions to Ask Sexual Harassment Witnesses — Workplace: 1. Missouri Checklist of Questions to Ask Witnesses — Verbal Sexual Harassment 2. Missouri Checklist of Questions to Ask Witnesses — Physical Sexual Harassment 3. Missouri Checklist of Questions to Ask Witnesses — Cyber/Online Sexual Harassment 4. Missouri Checklist of Questions to Ask Witnesses — Hostile Work Environment Sexual Harassment Note: The checklist should be adapted to fit the specific context and requirements of the workplace sexual harassment investigation, and relevant laws and regulations in Missouri should be consulted for accurate guidance.
Missouri Checklist of Questions to Ask Sexual Harassment Witnesses - Workplace
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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...
During the interview, the interviewer should:Be sensitive to the issues being raised.Get a description of each incident, including date, time, place, and nature of conduct.Identify any witnesses to the alleged incident(s).Identify any other persons who may claim to have been harassed.
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...
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...?
In order to rise to the level of illegality, hostile work environment harassment must be severe, pervasive, and reasonably offensive.
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...
F09b Bystanders as well as people who directly experience harassment who report unlawful harassment to their employer, file a charge with the EEOC, testify, assist or participate in an investigation of harassment are protected from workplace retaliation by Title VII of the Civil Rights Act and cannot be retaliated
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...
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...
