HRLegalNews.com » Harassment investigation dos and don’ts for managers

Harassment investigation dos and don’ts for managers

December 1, 2008 by Sam Narisi
Posted in: Harassment, In this week's e-newsletter, Investigations, Latest News & Views

Complaint investigations are HR’s job, but managers still play a major role. Here are some investigation guidelines for supervisors:

  1. Do forward all complaints to HR. Some charges are filed with HR directly, but most often, frontline managers get the first word. When that’s the case, they should tell HR about it immediately.
    Don’t investigate on your own. Some supervisors may want to look into the situation as soon as they learn about it, but matters should be handled by someone who isn’t directly involved with the employees in the dispute.
  2. Do work with HR to separate the accused and the accuser, figuring out whether to transfer one person to another part of the company, place the alleged harasser on a paid, non-disciplinary suspension, etc.
    Don’t take those actions without HR’s help. The key is to avoid making it seem like one side is being punished. If the complainant thinks he or she is being disciplined, that can lead to a retaliation complaint. And until the investigation is finished, the accused harasser has the same rights as any other company employee.
  3. Do discuss the complaint only with those who need to know about it. Spreading the word to everyone can leave the accuser open to retaliation from co-workers, and the accused may claim defamation if the the complaint was false.
    Don’t promise confidentiality. Many harassment victims will ask a manager to “keep it between you and me.” But it’s impossible to conduct an investigation while keeping the parties anonymous.
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