Elements of a Good Sexual Harassment Investigation

12 Aug Elements of a Good Sexual Harassment Investigation

There is no “right way” to conduct a sexual harassment investigation. But there are common elements that make on successful.

1. Impartiality — if you can be neutral, get someone else to do it.
2. Having a plan (and following the plan)
3. Systematic plan for collecting and reviewing evidence in all its forms.
4. Making a decision or a recommendation for action.
5. Writing a report that brings everything together. While an investigation should be prompt, it should not be rushed.

Beginning an investigation promptly is important, but you do not have to end it quickly. It should take as long it takes in light of the circumstances. Finally, before taking any negative job action — suspension without pay, reduction in pay, demotion, or termination, or anything like those, be sure to consult legal counsel BEFORE you take the action.

If you would like to speak about preventing harassment, conducting investigations of harassment claims, or other aspect of discrimination law, please schedule a call with us.