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Tennessee 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.

Title: Tennessee Checklist of Questions to Ask Sexual Harassment Witnesses — Workplace 1. Introduction to Sexual Harassment Witnesses: In cases of workplace sexual harassment in Tennessee, gathering testimony from witnesses plays a crucial role. The following checklist outlines a comprehensive set of questions to ask sexual harassment witnesses in order to obtain valuable information to support the investigation and provide evidence for legal proceedings, ensuring a safe working environment. 2. Types of Tennessee Checklist of Questions to Ask Sexual Harassment Witnesses — Workplace: a) Coworker Witnesses— - Identify the witness, their position, and their relationship to the victim and alleged harasser. — Gather information on the witness's observations regarding the victim's behavior and changes in attitude/performance prior to the incident. — Ask if the witness has direct knowledge of any specific incidents or conversations related to sexual harassment in the workplace. — Inquire about any instances where the witness saw the victim being treated unfairly or noticed any inappropriate behavior towards them. b) Supervisor Witnesses: — Establish the supervisor's role and responsibilities. — Determine if the supervisor received any complaints or reports related to sexual harassment involving the victim or the alleged harasser. — Inquire about the supervisor's actions and measures taken upon receiving the complaint(s). — Ask if the supervisor witnessed any inappropriate behavior or incidents themselves, providing specific details. c) Human Resources Witnesses: — Establish the HR representative's role and responsibilities regarding the sexual harassment complaint. — Ask about the details of any conversations between the HR representative and the victim or the alleged harasser. — Inquire about the steps taken by HR to address the complaint, such as investigations, documentation, and communication with relevant parties. — Determine if the HR representative possesses any additional information or insights related to the case. d) Expert Witnesses (if applicable): — Identify any expert witnesses, such as psychologists or professional consultants, who can provide valuable insights into the psychological or emotional impact of sexual harassment on victims or workplace dynamics. — Inquire about their experiences, credentials, and areas of expertise. — Ask for their professional opinion on the impact of the alleged harassment on the victim, the workplace environment, and any potential actions required to mitigate future incidents. 3. Key questions for all types of witnesses: — Were you present during any incidents or conversations that may be relevant to the sexual harassment complaint? — Did you witness any inappropriate behavior towards the victim or any indications of discomfort on their part? — Have you personally experienced or observed any other instances of sexual harassment in the workplace? — Did the victim mention or discuss any incidents of sexual harassment with you or anyone else? — Can you recall any relevant details regarding dates, times, locations, or individuals involved in the alleged incidents? Remember to tailor the questions based on the witness's role and relationship to the case. Ensuring a thorough documentation of witness statements is essential to building a robust case against workplace sexual harassment, adhering to Tennessee's legal requirements and fostering a safer work environment for all.

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FAQ

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...

If you witness workplace harassment, you should tell your employer. You also can tell the harasser that his or her behavior is not funny and must stop. Finally, don't laugh at the conduct or give the harasser an audience - that will only encourage further harassment.

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.

Types Of Employment DiscriminationRace and Color Discrimination.National Origin Discrimination.Sex Discrimination.Religious Discrimination.Military Status Discrimination.Retaliation.

The civil harassment laws say harassment is: Unlawful violence, like assault or battery or stalking, OR. A credible threat of violence, AND. The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it.

Provide a summary of the alleged harassment including the date, time and place of the offending acts and existence of witnesses to any alleged incidents; and. Ask that the accused individual provide his or her side of the story.

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

Here is a range of options you can pursue.Stay the course. Many women don't feel like they can report harassment, or don't want to, because of legitimate concerns about pushback or retaliation.Tell the harasser to stop. Do this either as it happens or in a later conversation.Build solidarity.Talk to a lawyer.

Call 911 and other appropriate emergency contacts (such as Federal Protective Service) for that particular facility, particularly if the situation requires immediate medical and/or law enforcement personnel. Remain Calm and Contact supervisor. Secure your personal safety first. Leave the area if your safety is at risk.

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

More info

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Tennessee Checklist of Questions to Ask Sexual Harassment Witnesses - Workplace