Kings New York 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.

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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?

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

These five categories cover most harassment situations employees may face on the job: Sexual harassment.Discrimination.Bullying.Power.Retaliation.A clear tone at the top.Strong anti-harassment policies.Safe, effective reporting.

The following steps should be taken as soon as the employer receives a verbal or written complaint. Step 1: Ensure Confidentiality.Step 2: Provide Interim Protection.Step 3: Select the investigator.Step 4: Create a Plan for the Investigation.Step 5: Develop Interview Questions.Step 6: Conduct Interviews.

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?

HR INVESTIGATION QUESTIONS TO ASK THE COMPLAINANT 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? Have you reported or discussed this with anyone?

First, unlawful harassing conduct must be unwelcome and based on the victim's protected status. Second, the conduct must be: subjectively abusive to the person affected; and. objectively severe and pervasive enough to create a work environment that a reasonable person would find hostile or abusive.

Questions to ask the complainant for the investigation When did the incident take place? The date, time, and duration. What happened? Describe the incident. Has this incident ever happened again?How did the incident occur? Did anyone else see it happen?Was there any physical contact?What did you do? What did you say?

Questioning the Reporter What happened?What was the date, time, and duration of the incident or behavior? How many times did this happen, that you're aware of? Where did it happen? How did it happen? Did anyone else see it happen?Was there physical contact?What did you do in response to the incident or behavior?

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 info

Inventory checklist for use before moving in, and again when moving out. That their chief executive has been accused of sexual harassment, others are asking the outside investigator to field questions .Harassment, violence and discrimination with regard to actual or perceived sexual orientation and actual or perceived gender identity? Checklist for Directors of Troubled NotForProfit Organizations . Drug-Free Schools, Communities, and Workplace .

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Kings New York Checklist of Questions to Ask Sexual Harassment Witnesses - Workplace