The new EEOC guidelines on liability for harassment by supervisors emphasize the importance of thoroughly and impartially investigating harassment complaints. Your inquiry should include interviews of the victim, the alleged harasser and other witnesses who might have relevant information. The goal is to find out who was involved, what happened, and when, where and how it happened. Open-ended questions are better than those that simply require a yes or no answer. Here are some of the EEOC’s examples:
Questions To Ask The Victim
- Who harassed you?
- What exactly occurred? What was said and done by you and the harasser?
- When did it occur and is it still happening?
- Where did it occur?
- How often did it occur?
- How did you respond when the incident happened and afterward?
- How did the harassment affect you? Was your job affected in any way?
- Who else has relevant information? Who was present when the harassment occurred? Did anyone see you immediately after the incident?
- Do you know if the alleged harasser harassed anyone else? Has anyone else complained about harassment by that person?
- Are you aware of notes, documentation or other evidence regarding the harassment?
- Do you know of any other relevant information?
- How would you like to see the situation resolved?
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Questions To Ask The Alleged Harasser
- What is your response to the allegations?
- Is there any reason the complaining employee might lie or be mistaken?
- Are you aware of notes, documentation or other evidence regarding the harassment?
- Do you or anyone else have any other relevant information?
Questions To Ask Other Witnesses
- What did you see or hear?
- When did the harassment occur?
- How did the alleged harasser behave toward the victim and others at work?
- How did the victim behave and react?
- What did the victim tell you? When did the victim tell you this?
- Do you or anyone else have any other relevant information?
Resolving Conflicting Stories
If the parties’ stories conflict, which is common, you’ll be forced to weigh their credibility in order to decide who to believe. Factors to consider include whether the story is credible and makes sense; whether the person seemed to be telling the truth or lying; whether there was a motive to lie; whether there was corroboration by third parties; and, finally, the person’s past record.