What to Consider When Conducting a Workplace Harassment Investigation

What to Consider When Conducting a Workplace Harassment Investigation

Workplace harassment investigations are a critical component of maintaining a safe, compliant, and productive work environment. When an employee brings forward an allegation of misconduct, an employer’s response must be prompt and impartial. A well-conducted investigation not only addresses specific grievances but also demonstrates a commitment to upholding company policies and state laws. However, navigating the complexities of an internal inquiry can be challenging without the right legal guidance. The Law Office of Mitchell A. Kline assists employers in understanding their obligations and protecting their rights throughout this sensitive process.

What steps should be taken immediately after receiving a complaint?

The moments immediately following a report of harassment are crucial for setting the tone of the entire investigation. Whether the complaint is made formally to Human Resources or informally to a supervisor, employers must act quickly to determine the scope of the issue.

• Determine the specifics: The initial intake should identify who is involved (the complainant and the accused), what specific conduct occurred, where and when it happened, and if there were any witnesses.
• Instruct the complainant: It is vital to inform the complainant that the company takes the matter seriously and will conduct an investigation. They should be reminded of the company’s policy against retaliation. While confidentiality should be maintained to the extent possible, employers should avoid promising absolute secrecy, as the investigation may require disclosing facts to the accused or witnesses.
• Document the intake: Detailed notes must be taken during the initial conversation. These notes should focus strictly on the facts presented by the complainant, avoiding any personal opinions or conclusions at this stage.

How is an impartial investigation conducted?

Conducting a fair investigation requires neutrality. The investigator must be an individual who is well-trained and free from bias. If an internal investigator, such as a Human Resources representative, is used, they must be capable of remaining objective. In some cases, retaining external legal counsel or a third-party investigator is necessary to ensure impartiality, especially if high-level management is involved.

The investigation process typically involves:

• Interviewing the accused: The accused must be given a chance to respond to the allegations. It is advisable to have a second person present during this interview to witness the discussion.
• Gathering evidence: Investigators should collect relevant documents, such as emails, performance reviews, and correspondence that may verify or disprove the allegations.
• Interviewing witnesses: Anyone identified by the complainant or the accused who may have observed the conduct should be interviewed.

Employers in Illinois must also be aware of the Illinois Department of Human Rights (IDHR). The IDHR has the power to subpoena relevant persons and documents during their own investigations. Therefore, ensuring your internal process is robust and well-documented is essential should the state become involved.

What are the employer’s key responsibilities during the inquiry?

Throughout the investigation, the employer has several affirmative duties. The primary goal is to determine the accuracy of the allegations and resolve the issues presented. However, the responsibilities extend beyond simple fact-finding.

• Preservation of records: Employers are required to preserve any records pertinent to the charge. Destruction of evidence, whether intentional or accidental, can have severe legal consequences.
• Preventing retaliation: It is strictly prohibited to retaliate against any person who has filed a complaint or participated in an investigation. Employers should issue clear warnings to the accused and supervisors that any form of retaliation will result in disciplinary action.
• Taking interim measures: If the investigation takes time, the employer may need to take immediate steps to stop potential ongoing harassment. This could involve temporary scheduling changes or placing the accused on leave, provided these actions do not appear to be retaliatory against the complainant.

How can proper investigations mitigate legal risk?

A thoroughly documented and properly executed investigation can serve as a significant defense against liability. In many instances involving hostile environment harassment charges, an employer may avoid liability if they can demonstrate that they had a strong anti-harassment policy, conducted a prompt investigation, and took appropriate remedial action. Conversely, ignoring a complaint or conducting a sham investigation can expose the company to significant damages.

Discuss Your Situation With an Attorney

Navigating the nuances of employment law and internal investigations requires careful attention to detail and a deep understanding of state regulations. If you are facing a workplace harassment complaint or need to review your investigative policies, it is prudent to seek professional legal advice. Contact the Law Office of Mitchell A. Kline for guidance tailored to your business needs.