How to Conduct a Harassment And Bullying Investigation To Restore Harmony and Reduce Liability

Description

Title VII and the Equal Employment Opportunity Commission (EEOC) require workplaces receiving a complaint, or otherwise learning of alleged discrimination or harassment, to investigate in a timely manner and take appropriate corrective action to end the harassment and prevent the misconduct from recurring. That’s a tall order to ensure a just and fair handling of a harassment complaint - an essential order that employers are required to follow. The investigation process is, perhaps, the most critical element in dealing with harassment. In cases that have gone to court, it is often due to inadequate or absent investigations of complaints.  

While there is no such legal requirement for instances of bullying (in which the definition varies widely), it is at the organization’s peril to not investigate bullying complaints.  It is possible that an incident of “bullying” may be motivated by the target’s protected class and constitute illegal discrimination or harassment.

The courts have opined that workplaces must prevent and intervene in harassment complaints. Not only is investigating a prevention and intervention tactic but the HR professional tasked with investigating should be trained in how to do so—this also demonstrates prevention.  

Even if you have been doing investigations for years – if you have never been trained, how do you know if you are conducting them correctly to prevent liability, determine the accuracy of the complaint, corroborate evidence, determine credibility, and form an opinion?  This program will cover the intricacies of conducting a harassment investigation.