How To Conduct an Internal Harassment and Bullying Investigation to Determine Facts and Minimize Liability

The EEOC requires that employers receiving a complaint, or otherwise learning of alleged harassment in the workplace, to "investigate promptly and thoroughly take immediate and appropriate corrective action by doing whatever is necessary to end the harassment, make the victim whole by restoring lost employment benefits or opportunities, 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 all organizations are required, by law, 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. Do you know how to conduct an investigation? This program will cover the intricacies of conducting a harassment investigation.

The investigation is essential in determining the validity of a complaint of protected class harassment and bullying. Conducting a fair and impartial investigation diminishes liability, and can decrease further misconduct by preventing it from becoming pervasive. The investigation may serve to minimize damages paid to the complainant. The institution demonstrates its commitment to the prevention and intervention of misconduct resulting in less harassment, discrimination, and other forms of misconduct on campus. By conducting its investigation, the institution may avoid an investigation by another agency such as the EEOC. An investigation is required to help ensure a safe and healthy organizational climate.

Anyone who conducts an investigation must be trained in how to do so. Merely having the experience of conducting investigations without having been taught the art and science of the process is not enough. When your organization ensures it is investigator is trained in how to conduct investigations, it demonstrates its commitment to the prevention of harassment by the Court or outside agency.

The webinar addresses laws that HR is responsible for upholding. When the laws are not followed, it increases the liability of the organization and interferes with a fair and equitable work environment for employees.

• Discussion about if and when an investigation is required
• Comparison of a formal and informal investigation process
• Planning for the investigation
• A review of what constitutes a witness
• Legal issues surrounding an investigation, such as confidentiality, defamation of character, and false imprisonment
• The importance of documentation of each interviewee
• Examples of appropriate and inappropriate documentation and why it is critical
• Specific details regarding how to corroborate evidence
• A list of criteria to determine the credibility of those interviewed
• He said/she said
• The role of the investigator in forming an opinion following the investigation
• How to follow up with the target, accused, and the organization?
• The critical importance of an investigative report
• List of misconduct triggers that are a catalyst for an investigation
• Template final report

• Determine if an investigation is necessary
• Discuss the steps of an investigation
• Explore the intricacies of interviewing the accuser, accused, and witnesses
• Differentiate between a formal and informal investigative procedure
• Determine the credibility of all interviewees
• Conclude an investigation
• List necessary elements in writing the formal report outlining the investigation.

Unfortunately, incidents of harassment and bullying can still occur, posing significant challenges for both employees and employers. To address these issues head-on, organizations must establish robust protocols for investigating internal complaints, ensuring a fair and thorough process that protects the well-being of employees and minimizes legal liabilities.