When workplace harassment issues arise, it’s important that they are investigated and resolved fairly and completely. HR professionals often lead these investigations, but it’s important to follow a clear process. Here are some practical tips to ensure the investigation is thorough and objective.
A formal investigation is necessary when there’s a serious risk of harm—whether to individuals or the company itself. This could include the threat of lawsuits, public relations issues, or workplace violence. An investigation is also required when there are potential violations of company policies or laws.
Who conducts the investigation depends on the circumstances. HR professionals often lead these investigations, but if the issue requires extra neutrality, it may be appropriate to bring in an external consultant. If needed, legal counsel can step in, but they won’t be able to represent the company if the issue turns into a lawsuit. Sometimes, an experienced external investigator can offer the best support.
Here are a few key steps:
Confidentiality: Remind everyone involved about the importance of confidentiality and the risks of interfering with the process, including reprisals.
Workplace Adjustments: If the complainant and respondent can’t work together during the investigation, consider temporary changes, like altering workspaces or allowing remote work.
Check Company Policies: Make sure you’re familiar with any company-specific policies that guide the investigation process, so everything aligns with internal expectations.
Interview Process: Ideally, two people should attend each interview—one to ask questions and the other to take notes. Start by interviewing the complainant, followed by the respondent, and then witnesses. Make sure the respondent has the chance to respond after all others have been interviewed.
Written Statements: If witnesses prefer to submit written statements, ensure they are signed and dated to keep everything clear.
Ongoing Evidence: Let all the parties know they can share new information if they recall something important after the interview.
After all the interviews, it’s time to put together an investigation report. The report should:
Generally, the full report won’t be shared with the parties involved, unless it leads to a legal action. However, you can share the conclusions and any necessary next steps with the complainant and respondent to keep them in the loop.
Depending on the issue, your recommendations may vary. Some options might include:
By following these steps, HR professionals can carry out investigations that are fair, transparent, and ultimately in the best interest of the employees and the company.
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