HR Investigation Steps for Workplace Sexual Harassment

Introduction to Workplace Conflict and HR's Role

Workplace conflicts occur everywhere, and ignoring them can have severe consequences. For instance, employees spend a great deal of time gossiping, which can lead to reduced productivity and a significant drain on the organization. It is imperative for HR professionals to examine and understand the reasons behind workplace conflict and address them before — or even after — employees become unable to work together effectively (Lytle, 2015).

Identifying and Responding to Sexual Harassment

The situation described by the area director constitutes sexual harassment — an unhealthy and unlawful form of workplace conflict. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. It is a serious issue that can impede an employee's job performance or create a hostile, unwelcoming, or offensive work environment (Society for Human Resource Management, 2016).

Sexual harassment is an illegal offense that must not be permitted to continue. In responding to the area director, the appropriate course of action is to affirm that the complaint is being taken seriously and that a formal investigation will be undertaken to determine whether the allegations are true and how they will be resolved.

Legal Framework and the HR Generalist's Role

The most effective way to handle this situation is to conduct a comprehensive and thorough investigation to determine whether the complaint lodged by the area director is substantiated. This process must follow the organization's established policies and employee handbook. It is also imperative to adhere to the legal guidelines set by the Equal Employment Opportunity Commission (EEOC), and to involve legal counsel throughout the process.

If the complaint is confirmed, the most appropriate disciplinary action will be taken against the wrongdoer. Less serious conduct may warrant lighter discipline, such as a warning or counseling, while severe conduct may warrant more serious consequences, including termination (England, 2016). The key responsibility of a Human Resource Generalist is to manage the day-to-day operations of the HR department. In this investigation, that role includes facilitating communication of organizational policies and advising managers on the appropriate steps within the organization's progressive discipline system.

Steps to Investigate the Employee Complaint

Employers must take reasonable steps to prevent harassment from occurring and to promptly correct any harassing behavior that has already taken place. Conducting an effective investigation of harassment complaints and intervening quickly to resolve them are essential to meeting these objectives (Cooper, 2012). Given that a sexual harassment complaint has been reported, the following six steps will be taken to investigate and resolve it.

1. Immediately Initiate the Investigation

The investigation will be launched without delay and completed as promptly as possible. Timely action is critical both to protecting the complainant and to preserving the integrity of the evidence gathered.

2. Awareness of and Adherence to EEOC Guidelines

The EEOC's guidelines provide the proper framework for conducting a successful inquiry into alleged harassment. These procedures include guidance on how to reach credibility determinations and what protective measures to take during the investigation. As the employee relations representative, no formal investigation will begin before these guidelines have been thoroughly reviewed and understood (Cooper, 2012).

3. Develop Sufficient Documentation

Every investigation must be thoroughly documented. Reports should be comprehensive and carefully written. Where possible, witness statements should be signed by the witnesses themselves. When drawing conclusions about a witness's credibility, the investigator is obligated to provide an objective and impartial basis for those conclusions (Cooper, 2012).

4. Interview All Potential Witnesses

This step includes asking the area director to identify any witnesses who may have relevant information. Coworkers of the accused will also be interviewed, as they may be able to provide information about whether they have observed similar behaviors in the past. Prior incidents, if any, can have a significant impact on the outcome of the investigation (Cooper, 2012).

5. Implement Temporary Protective Measures During the Investigation

Employers often focus exclusively on remedial measures to be taken after an investigation concludes. However, depending on the circumstances, provisional protective measures may be necessary during the investigation itself. In cases of sexual harassment, EEOC guidance recommends separating the complainant from the accused harasser until the investigation is complete (Cooper, 2012).

6. Take Measures to Prevent Retaliation

All parties involved — including HR representatives, supervisors, and managers — must be especially attentive to anti-retaliation obligations. In many instances, conduct perceived as retaliatory, whether carried out by the accused or by others, can trigger additional legal liability. Therefore, it is imperative that the complainant, the accused, and all others interviewed during the investigation be counseled immediately that any form of unauthorized harassment or retaliation against the person who filed the complaint will not be tolerated (Cooper, 2012).

References

Cooper, L. M. (2012). Top 10 tips for conducting an effective sexual harassment investigation. HR Hero Line. Retrieved from http://www.hrhero.com/hl/articles/2012/07/31/top-10-tips-for-conducting-an-effective-sexual-harassment-investigation/

England, D. C. (2016). How to handle discrimination and harassment complaints. NOLO. Retrieved from https://www.nolo.com/legal-encyclopedia/guidelines-handling-discrimination-harassment-complaints-29490.html

Lytle, T. (2015). Confronting conflict. HR Magazine.

Society for Human Resource Management. (2016). Sexual harassment policy and complaint/investigation procedure. Retrieved from