How Employers Ought to Investigate Sexual Harassment Claims

The director of your human resources department has brought to your attention you a shocking fact: a sales employee has complained about her sales manager sexually harassing her. As an employer in Middlesex County, the report has taken you by surprise since the alleged harasser and manager is a solid performer who generates a lot of business for the company, and appears to be a decent guy. So what should you do?

Run off and hire a Middlesex County, Massachusetts sexual harassment lawyer?

Not quite! Almost though - keep that thought in mind. The very first step is to investigate the allegation. This can be a tricky as well as novel situation where you need help to conduct a preliminary investigation but can’t find any. There is no single remedy to fit all situations, but there are steps you can take. The most important of them are as follows:

Talk to the Complaining Employee

Choose a private location with only a few managers present so that the employee doesn’t feel intimidated. It would be prudent to involve a female manager or supervisor. Ask the alleged victim to narrate the incident in her own words. Then you can begin the necessary follow up questions in order to determine what in fact happened. 

In the opinion of Massachusetts sexual harassment attorneys, it is important to know precisely what was done or said. If offensive comments are involved, ask her to tell you the exact words used by the harasser. And if physical conduct is involved, ask the employee to describe what exactly took place, where the incident occurred, and how she was touched. You should also ask her to identify any witnesses present and their names.

Following this preliminary interview:

Reassure the complaining employee that she did the right thing by complaining about the incident, and that she will be informed of the results of your investigation, and the action taken. Make her aware that every effort will be made to keep your investigation confidential while she must reciprocate and keep the matter private as well.

Finally, remind your employee that the company has a policy that forbids anyone from embarrassing or punishing any person who reports any problem, and that employees should report problems, if any, directly to you.

Hopefully the victim does not hire a Middlesex County sexual harassment lawyer and make things much worse on you and the department. You may need one as well if it comes to that. The manager may be outstanding but you should keep this website very close to you…http://employment-law.usattorneys.com/massachusetts/.

Talk to the Witnesses

Conduct these interviews also in a private setting with preferably one manager present. Tell the witness about the complaint he has received from an employee and that the company has a duty to investigate the matter and request his/her cooperation.

Explain the nature of the complaint and names of the persons involved, the allegation and the names of the complaining and accused employees. Find out if he/she has witnessed any incident as reported in the complaint and how the two parties have interacted with each other. Massachusetts sexual harassment lawyers recommend that these responses be recorded in writing. Ask the witness to keep everything confidential.

Speak with the Alleged Harasser

Choose a private spot to conduct the investigation. Inform the accused of the complaining employee and the nature of the complaint. Then go on to and ask the person to explain in his own words what in fact has happened from his perspective. And ensure that there is a definite response to the allegations of the complaining employee.

If he defends his actions by claiming that it was the complaining employee who has been engaged in such conduct, you should ask him for exact details and the identity of any witnesses who can confirm it.

Take Suitable Action

Review the facts that came up during the investigation. Find out if the complaining employee's behavior caused the accused employee to believe that any response to her behavior will not be deemed offensive. In addition, consider the position of the accused employee in the company and his previous record in the company.

Appropriate action needn’t be termination (depending on the severity). It can also include actions such as sensitivity training, written warning, written apology from the accused employee, probation, demotion, and transfer to another location, and suspension.