Harassment Investigation

2406663

I have plenty of info. regarding interviewing of named witnesses and victims in a harassment investigation. What about when mgt is investigating a complaint from an ex-employee (she resigned citing personal reasons)stating that her supervisor had intimate conversations with her pertaining to sexual relationships and they are now following up to determine if this has happened with other employees?? No one has come forward claiming anything. Is it okay to go through every employee in that dept. and ask "has Ms. Jane Doe ever discussed inappropriate sexual content with you?"

HR in CA

Yes, I would conduct the investigation no differently than if the employee was still with your company.

Parabeagle

"has Ms. Jane Doe ever discussed inappropriate sexual content with you?"

That's not the way I would handle it. First of all, I'm not sure what's happening in your post - is the ex-employee complaining about this conduct (i.e., is she going to go/has she gone to the EEOC?)

If not and we're just talking about a general inquiry because you are now on notice that inappropriate conduct may have occurred in the past, I think I would go straight to the source: The accused. I would just ask her if she has ever discussed inappropriate issues with any of her staff and, if so, follow your disciplinary process. I would make sure she was intimately familiar with your policies against harassment and inappropriate conduct and inform her of the circumstances should you receive another similar complaint.

Finally, I would close by informing her about the consequences of retaliatory conduct against someone complaining about such matters and advise her you will be watching for that, as well.

Just my opinion.

Don D

Typically, the discussion with the ex-employee who made the accusatory statement would include a question like this: "Do you know of others who might have witnessed these comments or have you been told that comments similar to these have been made in the past?" I would want something to go on before redirecting the investigating off down that alley. You didn't mention anything that would signal to me that others in the department should be questioned. If the ex-ee had said, "She's done this with other people but I don't know any names, I've just been told that", or "You ought to just check around and talk to people, I'm not the first," then I would discreetly question others along this line: "Have you overheard, or witnessed or have any specific sexually related remarks or suggestions been directed at you by any employee in the company?" To roll out the name of the accused in these potentially non-productive interviews will possibly do a great deal of damage. Just imagine trying to recover after identifying her in interviews if it turns out the initial complaint has no merit.

An investigation needs a good reason to twist and turn as it proceeds. It takes on a life of its own, but must have a reason to change its course.

mwild31

"and they are now following up to determine if this has happened with other employees?? No one has come forward claiming anything. Is it okay to go through every employee in that dept. and ask "has Ms. Jane Doe ever discussed inappropriate sexual content with you?"

If I understand your question correctly, "they" (management? EEOC?) are now questioning the remaining employees to see if they too had experienced sexual harassment from this supervisor and you want to know if "they" can do it? Yes, "they" can and should. I would probably have seeked to find out from the former ee who she witnessed being harassed & just gone to those employee's & questioned them, but if this is how "they" want to conduct the investigation, as long as there isn't retaliation for the supervisor/victims if the claims are proven false (s)/true (v), then it is one way to conduct an investigation.

Margaret Morford

I wouldn't make Jane Doe a named scapegoat in this. You could have a parting shot by a very disgruntled employee. I would interview everyone in Jane's department and ask, "Has anyone, including a member of management, ever discussed anything of a sexual nature that made you uncomfortable or was unwelcome to you?" That's the legal criteria. Document who you talked with and what they said. This should flush out the problem if it exists and will prevent people from jumping on the ex-employee's bandwagon later on if he/she brings suit or an EEOC charge.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 12-04-03 AT 04:55AM (CST)[/font][br][br]I think under no circumstances, given the information provided in the original question, should the accused be implicated in the followup questioning of other employees.