9-Point Harassment Investigation Action Plan

California law makes an employer liable for sexual harassment by a supervisor regardless of whether the employer authorized, prohibited, or even knew of the harassment.

You might be able to reduce or eliminate the damages owed to an employee by taking reasonable steps to prevent and correct sexual harassment, including conducting a prompt investigation. (Note that federal law requires prompt investigation of all employee complaints of harassment, as well as any harassment that an employer becomes aware of).

Two Main Investigation Goals

The goals of an effective investigation are twofold:

1. To obtain a comprehensive and objective understanding of the facts
2. To put an end to inappropriate or harassing conduct

Tips for Investigation Success

To accomplish these goals when conducting a sexual harassment investigation, you should do the following:

1. Maintain confidentiality in regard to the allegedly harassed employee, the witnesses, and the alleged harasser (but make it clear that their testimony may be necessary if legal proceedings result). Inform the employee of his or her rights under the company’s sexual harassment policy

2. Conduct private interviews with the employee, the alleged harasser, and any witnesses to the conduct in question

3. Ask open-ended questions that will elicit facts rather than opinions

How to conduct effective internal investigations — webinar next week!

4. Document each interview in writing

5. Obtain written statements when possible

Tomorrow, the remaining 4 points on the list — plus an introduction to a can’t-miss investigations webinar next week, specifically for California employers.

Download your free copy of Training Your New Supervisors: 11 Practical Lessons for Employers today!