In 2023, the EEOC reported over 31,000 claims of harassment. Of those claims, just over 7,000 were sexual harassment with the remaining based on characteristics “other than sexual.” Harassment in the workplace impacts more than just the individuals in the situation – these conflicts (and how leadership responds) can significantly impact both the culture and the reputation of the company. You must be prepared to quickly respond to harassment claims to protect both your employees and the company as a whole. To do so, you must have well-known reporting policies and easily implemented workplace harassment investigation procedures.

Importance of the Right Policies and Training

The first element to consider is to ensure policies and procedures are in place, clearly communicated to employees, and are consistently applied across your organization. When a situation escalates out of an employee’s control, it’s key for them to know how to react, how to report, and who to contact. Employee training can aid in this process by not only providing information on the policy, but by educating your team on what harassment is and how to effectively handle uncomfortable situations in the workplace.

It can be challenging to uncover the details, key players, and facts in a workplace harassment investigation.  It requires an experienced and savvy interviewer to avoid risk and to provide fair and just outcomes. So what steps are important when conducting internal investigations?

Separate the Employees

When HR receives a complaint of harassment, the parties involved should be immediately separated from further contact. This may cause work disruption; however, it’s prudent to prevent any further exposure to what may be harmful interaction. Additionally, it’s important to emphasize that retaliation will not be tolerated under any circumstances.

Conduct Thorough and Timely Interviews

Conducting workplace harassment interviews may be the most difficult part of the investigation puzzle. Keep in mind that your purpose is to understand the facts. It takes strategic planning and a conscious effort to conduct an investigation that includes the correct people and is objective enough that it does not lead the participants in any way.

Interviewers should start gathering basic facts such as details of the incident, when it took place, where it took place, how often the interaction occurred, with whom, how the incident made the employee feel, and the names of witnesses or any evidence such as texts, emails, photos, etc.

It is ideal to have the complainant provide a written statement of concern. If it is provided, the statement can be used to compare interview notes and to ensure nothing was omitted or miscommunicated.

Regardless of the number of interviews, you should include a timeline for when you plan to conclude the investigation and share outcomes. A best practice is to investigate and return results in no more than two weeks. Rapid closure is the goal.

How to Approach Interviewing the Complainant

When interviewing the complainant, interviewers should explain that every effort will be made to maintain confidentiality of the conversations and to protect the individual’s privacy.  However, they must also be made aware that to properly conduct the investigation, the alleged harasser and other members of leadership may need to be informed.

Sometimes employees report an incident, but state that they “don’t want to get anyone in trouble” or “don’t want to get anyone fired.”  If you (the employer) are made aware of a potential situation of misconduct, the employee reporting the incident must be informed that you will investigate and take appropriate action in line with organizational policy, integrity, and federal and state laws.

How to Approach Interviewing the Accused Harasser and Witnesses

When interviewing the alleged harasser, interviewers should provide necessary facts about the complaint and ask questions in an effort to provide the employee with an opportunity to share their perspective and/or to provide witnesses and evidence in their favor.

Keep in mind, witnesses are not always cooperative.  They may wish to stay uninvolved or attempt to protect a friend.  The interviewer must gently persuade witnesses, focusing on the importance of their role in the process.  Again, the interviewer must ask questions without leading or making any assumptions until all statements and evidence are heard and collected.  Impartiality must be maintained for the entire investigation process.

Review the Evidence

Once the investigation is complete, the interviewer should thoughtfully and completely review all notes, materials, and evidence to determine if any company policies have been violated or laws broken. This step can have wide-reaching implications – a flawed investigation can lead to poor morale and discourage employees from reporting future situations.  Therefore, the investigator’s role is imperative.

Prepare a Written Report and Concluding Actions

As the investigation wraps up, the investigator should prepare a written report, outlining the facts and violations (if any), used to determine if other action is warranted. If policy or legal violations did take place, management must decide on discipline or corrective action, keeping in mind that this action will set a precedent for future violations. The team must also determine whether or not legal intervention is necessary. Depending on the situation, it may be essential to involve your legal counsel in the process.

The final step in the process is to meet with the employee who reported their concerns.  The manager or investigator should inform the employee that action was taken to address the problem or that the investigation could not corroborate that company policy was violated.  It’s important to note if disciplinary action was taken, the company should not share details about the action with the accusing employee.

Conducting a thorough workplace harassment investigation is essential when complaints are filed within your organization. Employees must see that concerns are taken seriously and are handled professionally and efficiently. If you have concerns about your teams’ ability to investigate, external resources such as consultants or legal counsel can be involved. Regardless of your approach, do not take a “wait and see” approach, but rather take action swiftly to address employee complaints.

Special thanks to Patti Dunham, MBA, MA, SPHR, SHRM-SCP, and Angela Dunaway, SPHR, SHRM-CP for contributing their expertise on this topic. 

Need a neutral third party to conduct internal investigations? Clark Schaefer Strategic HR can help! Visit our Workplace Investigations page to learn more or Contact Us.