Alex What to say and not say when investigating harassment claims?
When workers are uncomfortable providing details such as the use of a racial slur. Often, repeating racist or sexist words or phrases can feel embarrassing and hurtful. Yet you’ll need that information to do a thorough investigation. Start by gently asking: “Are you comfortable sharing what they said?,” Segal advised.
Who is the harasser in a sexual harassment case?
The harasser can be the victim’s supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee. The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct. Unlawful harassment may occur without economic injury to, or discharge of, the victim.
What makes a person a harasser in the workplace?
Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history).
Is it illegal to harass someone in the workplace?
Unlawful harassment may occur without economic injury to, or discharge of, the victim. Prevention is the best tool to eliminate harassment in the workplace. Employers are encouraged to take appropriate steps to prevent and correct unlawful harassment.
What are the guidelines for investigating a harassment complaint?
The new EEOC guidelines on liability for harassment by supervisors emphasize the importance of thoroughly and impartially investigating harassment complaints. Your inquiry should include interviews of the victim, the alleged harasser and other witnesses who might have relevant information.
How to handle harassment complaints in 2021-i-sight?
In 2021, we are living in the era of “Me Too,” “ Black Lives Matter” and other activist movements. People are standing up for their rights, including in the workplace. As an organization, treating every harassment allegation with care is crucial. Receiving allegations of harassment can be jarring.
How to interview a witness in a harassment case?
Interview each witness separately in an office or room where the discussion will not be overheard by other witnesses, the alleged harasser, or any other unauthorized persons. Two managers should participate in the interview process if possible.
What should I do if I receive a harassment claim?
After receiving a harassment claim, you need to make a plan on how to proceed. Determine if you need to take any interim steps to protect the complainant. If they face immediate danger, moving their work station or escorting them to their car at the end of the work day may be required.