Sexual Harrassment

ppersails

I have just received a formal complaint from a supervisor stating that 3 of his female employees feel uncomfortable and harrassed by an employee. In addition, I myself had an occasion where I felt very uncomfortable and this was witnessed (by one of the other 3). I now have a customer complaint about this individual that he made her uncomfortable by not leaving her room (I work for a hotel). What exactly do I do? I had his supervisor suspend him until further notice due to an investigation of some allegations. How do I proceed when as the Director of Human Resources and the person in charge of such complaints also has issues. As far as the investigation goes, is there someplace I can find information on how to conduct one. I actually have been fortunate enough to not have to do one before. Thanks for any help and suggestions you can give.

Paul in Cannon Beach

Hi,

I am not sure what others would say but I don't think that your experience with the individual disqualifies you from conducting the investigation. However, I would simply focus on the incidents that you have received from the customer and from the supervisor.

As for conducting the investigation, HRhero has information on how to proceed at:[url]http://www.hrhero.com/lc/regs/fact/FACT/0000131.htm#977861962_500032[/url]

Its a pretty thorough, step by step explanation of what you need to do.

Its a members only page so you will need to supply your name and password.

[email]paulknoch@hotmail.com[/email]

Gillian

I think that whether or not you conduct the investigation is dependent upon the relationship that you have with the person and how whether or not your discomfort is a known issue between the two of you. If you have had a discussion or a confrontation with the individual, then the case could be made that you are not objective. That might not be the case, of course, but that is what would be said by the individual or the attorney.

Don D

The fact that you have had a similarly uncomfortable encounter and have been the subject of his inappropriate conduct yourself, in the interest of a sound investigation, DOES eliminate you as the conductor of the investigation. Whether or not "your discomfort is a known issue" and whether or not you "had a discussion or confrontation", you have had an encounter and you have formed opinions and you have some conclusions, right or wrong. It is time to bring in somebody else, whether a seasoned employee who knows how to conduct an investigation or a member of a law firm. It will not be wise for you to conduct an investigation and spend two weeks of your time wrapping up your summary and then have 'his' attorney ask you about your personal encounter that you assumed no one was aware of. Your work, your opinion, your recommendation and the company's intention to act would clearly be attacked by a halfway sober attorney. If you do assign the investigation to someone else, be careful to distance yourself from it and not manipulate the investigator, lest you be just as compromised as if you had done the investigation yourself.

System

This sounds like a serious situation. SOMEONE needs to do an investigation, whether it's a manager or a lawyer. They need to be fair and thorough. And don't label his actions as "harassment," which is a legal conclusion. Instead, just refer to it as "inappropriate" or violating your policy.
[url]http://www.hrhero.com/findanattorney.shtml[/url]

Good luck.

James Sokolowski
Senior Editor
M. Lee Smith Publishers