Harassment Investigation Documentation

jbnunzio

I am in the process of setting up procedures for investigation and documentation of harassment claims. It was recommended by counsel that I include a statement to reflect that "any finding made by the investigating committee will become a part of the employee's personnel file." I was wondering how many of you house these documents in the personnel files and if you don't have them there, where do you keep them?

AnaFL

Hi

I just had to do one of these nasty little deeds towards the end of last year, and had to do a lot of research about how to go about it, since it was my first one. What I found was that each investigation should have a separate, secure file in which the documentation is maintained. This file should also include the final report. None of the investigative materials should be kept in the complainant's personnel file, however, any disciplinary action should be included in the disciplined employee's file. Some of this information came from the HR Executive Special Reports which you would get from being a Law Connection Subscriber, "Workplace Harassment Trail Guide: Avoiding the Avalanche Zone" by Anne Williams, and this was an excellent reference source in my time of need.

Good Luck!

System

Here's a link to the special report AnaFL mentions:

Workplace Harassment Trail Guide: Avoiding the Avalanche Zone
[url]http://www.hrhero.com/special.shtml#harassment[/url]

Hope it helps!

Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]

System

Keep all investigation files, findings, recommendations, etc. in a separate file. If any disciplinary action is taken, portions of the file would serve as supportive documentation for the action taken and should be included then in the personnel file of the employee with the disciplinary action. The issue can become at some point that the existence of the investigation file could be known and subpoened in court if actions reached that point. But, if you have done your job properly in the investigation, you have nothing to fear. Truth is always the best defense.

pv25

This link might help you out:

[link:www.elinfonet.com/fedarticles/21/4|Sexual Harassment Investigations]


Good luck.