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Questions to Ask the Complainant: Who, what, when, where, and how: Who committed the alleged harassment? What exactly occurred or was said? When did it occur and is it still ongoing? Where did it occur?
The investigation questions include: What did you see and hear? When was it? ... Where did it take place? Who was involved in the claims? What did each person in the incident do and say? What did you do and say? Was anyone else present? How did the complainant and subject react in response to what you witnessed?
You can take action by filing a complaint with the California Department of Fair Employment and Housing, or DFEH. You can also file a complaint with the Equal Employment Opportunity Commission, or EEOC.
The test for workplace harassment is therefore, whether the Respondent's conduct was ?vexatious? and ?known or ought reasonably to be known to be unwelcome.? In making this determination, an objective standard is used. The Human Rights Tribunal of Ontario articulated this standard in Vipond v.
Locating Potential Interviewees Everyone who is mentioned in the harassment claim will be identified as potential interviewees. This is typically made up of the complainant, the alleged wrongdoer, witnesses or observers, supervisors, and coworkers. Most of the time, the complainant or witnesses are interviewed first.
How to Prove a Hostile Work Environment You were subjected to unwelcome harassment or discrimination based on a protected characteristic. The harassment was severe or pervasive enough to create a hostile work environment. The employer knew or should have known about the harassment and failed to take appropriate action.
From a practical standpoint, talking too much during the investigation?telling a witness what another witness said, revealing your personal opinion to one of the employees involved, or publicizing the complaint in the workplace, for example?can lead others to doubt your objectivity.
The investigation questions include: What did you see and hear? When was it? ... Where did it take place? Who was involved in the claims? What did each person in the incident do and say? What did you do and say? Was anyone else present? How did the complainant and subject react in response to what you witnessed?