Notification Now
You must immediately notify all employees that harassment of any kind will not be tolerated. You can do so simply by placing the company's harassment policy in your policy and procedure manuals and handbooks, and posting it where all members of the organization can see it. It is also a good idea to distribute a position statement to all employees, old and new. It must include:
1. A statement of the company's commitment to prevent harassment
2. A definition of workplace harassment
3. A definition of sexual harassment
4. General conduct guidelines
5. Ways to stop harassment
6. Ways to report harassment
A sample policy is included at the end of this book.
Immediate Investigation
Each employee must be told that the company will investigate any report of harassment, as well as alleged improper conduct. It will do so in a timely manner, usually defined as immediately.
Quick action is important because recollections get hazy after a period of time and witnesses may begin to rationalize and make excuses for the alleged improper behavior. I saw this happen in a case where uninvited back rubbing became, “Well, I'm not sure. His hand was on her back, but maybe he was just patting her. Kind of a support thing.” Time is an enemy to the truth, not an ally.
Each person must be informed that the investigation will be conducted and in the strictest of confidence; the information uncovered will only be shared with those who must know. It is important at this point to inform any witness or person being interviewed that they must remain quiet about the issue. A statement I always use goes something like this:
You have been identified as someone with knowledge of the alleged events of January 3. “Jane” has stated that you witnessed them (or have knowledge of them). I need to ask you some questions to clarify what actually happened. Please note that we do not want to harm the reputation of either party, so I must ask you not to repeat what we discuss to anyone. Do you understand, and can I count on your discretion and confidence as it relates to this discussion?
I have never had anyone take issue with this request. But let's suppose the person refuses to commit to your request for complete confidentiality. I recommend that you interview the party anyway. I would rather deal with the possibility of indiscretion than terminate someone without all of the facts.
Each employee must know that there will be ramifications for any individual found to be in violation of the harassment prevention policy. The statement in your policy must include strong language such as:
“Any employee found in violation of our policy will be subject to appropriate corrective action, up to and including termination.”
Rule of Retaliation
Occasionally, you will find that the alleged victim or the accused will seek some sort of retaliation. It might be subtle, or it might be blatant, but any retaliation becomes especially acute if one party works for the other. A supervisor cleared of wrongdoing can make it very difficult for the employee who made the complaint. You must state, in no uncertain terms, that this kind of retaliatory action will not be tolerated. Here is a typical policy statement that addresses this problem:
You will be advised of the results of the investigation. Retaliation against you or anyone who participates in the investigation will not be tolerated; the party who retaliates will be subject to disciplinary action up to and including termination for any unprofessional acts.
Basic Rules for Harassment Investigation
Notification Now
Commitment to prevent
Definition of workplace harassment
Definition of sexual harassment
General conduct guidelines
Ways to stop harassment
Immediate Investigation
Timely investigative process
Confirm Confidentiality
Those involved in the process are the only ones with a need to know.
Interviewees are asked for secrecy.
Action is Assured
There is a penalty, up to and including termination, for improper conduct.
Rule of Retaliation
Subtle or blatant acts of retaliation will not be tolerated.
I recommend that you follow each of these rules to the letter of their intent. They will show your employees that you are serious about preventing harassment. The rules will also:
(1) Demonstrate to outside parties (e.g., courts, arbitrators, juries) that your company is proactive in its approach to harassment prevention.
(2) A process has been implemented and it is followed.
(3) The process offers consistency of application.
(4) You have taken the necessary steps to ensure confidentiality.
(5) The rules allow for due process (procedural consistency) and a chance to respond to all allegations.
Of course, the key here is to follow the rules as you have written them. To do otherwise will alienate your employees when they interpret your policy as “for show” only. Any good attorney will point out that you failed to follow up and act on what you have established in writing.
It's now time to look at the investigation process.