New Jersey Checklist of Questions to Ask Sexual Harassment Witnesses - Workplace

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This Employment & Human Resources form covers the needs of employers of all sizes.

New Jersey Checklist of Questions to Ask Sexual Harassment Witnesses — Workplace: 1. Introduction: Begin the questioning process by introducing yourself, explaining your role as an investigator in a sexual harassment case, and ensuring the witness understands the purpose of the interview. 2. Witness Information: Gather relevant details about the witness, including their full name, job title, contact information, and relationship to the incident or parties involved. 3. Incident Details: Ask the witness to provide a detailed account of the incident, including the date, time, location, and any specifics about the behavior or actions that were witnessed. 4. Parties Involved: Inquire about the individuals involved in the incident, including the alleged harasser and the victim. Ask for their names, job titles, and any other identifying information to help establish context. 5. Description of Harassment: Delve further into the witness's understanding of what constitutes sexual harassment, ensuring they are aware of the different types such as quid pro quo, hostile work environment, or retaliation. Clarify if the conduct witnessed aligns with any of these categories. 6. Frequency and Duration: Determine how often the witness observed the alleged harassment and how long it persisted. This information can help gauge the severity of the situation and assess the potential impact on the victim's work environment. 7. Specific Instances: Ask the witness to describe any specific incidents they witnessed that were particularly noteworthy or stood out to them. This can include conversations, physical acts, or any other behavior that contributed to a hostile work environment. 8. Impact on the Victim: Inquire about the emotional, psychological, or physical impact observed on the victim, such as changes in behavior, productivity, or interactions with colleagues. This information can help establish the severity and consequences of the harassment. 9. Documentation: Ask if the witness has any relevant documentation, such as emails, texts, or records of incidents, that can support their account of the harassment. Encourage the witness to provide any evidence or information they may have that can corroborate the victim's claims. 10. Retaliation: Investigate whether the witness or others have observed any form of retaliation against the victim following the incidents of harassment. Retaliation can be critical evidence in establishing a pattern of behavior and assessing the credibility of the victim's accusations. Different Types of New Jersey Checklist of Questions to Ask Sexual Harassment Witnesses — Workplace: 1Witnesses— - Harassment Victim: This checklist is specifically designed for witnesses who are also victims of sexual harassment. The questions will focus on their personal experiences and their observations relating to the incident. 2. Witness — Bystander: This checklist is for witnesses who observed the harassment but were not directly targeted. The questions will focus on their account of what they saw and heard, as well as any impact it had on them or their perception of the workplace environment. 3. Witness — Supervisor or Manager: This checklist is tailored for witnesses who hold supervisory roles and have either received a complaint of sexual harassment or have been tasked with exploring allegations. The questions will focus on their actions, response, and observations after learning about the harassment incidents.

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FAQ

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...

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...

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...

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...

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 aim of a harassment investigation is to develop accurate, detailed, and factual evidence of the nature of the complaint and present it to the employers, who then take action. That is why it is vitally crucial to take detailed notes of each employee interview.

Bullying and Respect in the Workplace....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...

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.

Tell your harasser to stop. If you do not feel safe or comfortable doing this, do your best to make it clear to the harasser that the offensive behavior is unwelcome. Report the harassment to management and ask that something be done to stop it. Report the harassment to a person with decision-making authority.

In order to rise to the level of illegality, hostile work environment harassment must be severe, pervasive, and reasonably offensive.

More info

At the same time, the employer must conduct a prompt and an effective investigation.on specific topics such as sexual harassment and discrimination. Some states have included ?sex? in their discrimination laws as a protected class. Depending on the specific state, ?sex? protections can cover ...The following are sample forms related to sexual harassment in the workplace.Interview Questions. Checklist of Questions to Ask Potential Witnesses ... This date, Indiana, New Jersey, and Wyoming are the only States that do notcomplete discussion of the requirement for clergy to report child abuse and. Newsletters. Stay up-to-date with how the law affects your life · Did an employer, supervisor, or superior make offensive or insulting ... 1997 Guidance ? 2001 Revised Sexual Harassment Guidance. ? 2011 Dear Colleague Letter (The ?DCL?).. ? Questions and Answers on Title IX and Sexual ... includes harassment on the basis of sex, sexual orientation,Investigator must interview necessary witnesses to complete and full. If you are the victim of workplace harassment or a witness to it,CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ... By S Rabner ? This document is intended to embody the policies adopted by the New Jersey. Supreme Court, the Judicial Council and the Administrative Director of the Courts, ... The toolkit contains resources, examples of policy and contract efforts, links to research on the issue of sexual harassment, and provides ...

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New Jersey Checklist of Questions to Ask Sexual Harassment Witnesses - Workplace