How to Conduct a Comprehensive Sexual Harassment Investigation at Work

A sexual harassment investigation must be prompt, fair, and thorough.

Sexual harassment investigations are among the most sensitive that a company must conduct. Allegations of sexual harassment must be assessed, investigated and resolved as soon as possible to ensure the behavior doesn’t continue.Failure to conduct a swift, fair investigation could result in more and escalated incidents (at best) and a lawsuit, increased employee turnover, and a reputation as a company that allows harassment to run rampant (at worst).A no-tolerance sexual harassment policy shows employees that you care about their well-being and creates an overall more ethical workplace culture, which often fosters happier employees who are more creative, innovative, and productive.In 2021, video game company Activision Blizzard faced dropping share prices, walk-outs from staff, calls for the CEO's resignation, and a federal SEC investigation. Why? CEO Bobby Kotick allegedly hid employee reports of sexual harassment and assault from shareholders and the company's board of directors, allowing a company culture of harassment to flourish.

RELATED: How (Not) to Handle a Sexual Harassment Complaint

Don't let your organization and employees suffer the same fate. We've gathered these tips to ensure your sexual harassment investigations are successful, as well as ways to prevent this behavior in the future. Here's how to conduct a sexual harassment investigation.

For a full look at investigating sexual harassment in the workplace, check out this video:

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How to Take In Sexual Harassment Reports at Work

As soon as you receive a complaint of sexual harassment, report it to the human resources department and/or to the department or person responsible for enforcing the company’s anti-harassment policies. They need to know if an internal policy has been breached.They can also begin working with the complainant to make them feel safe during the investigation, such as moving them to a new work station or changing their work hours.Be sure to initiate an investigation into sexual harassment allegations as quickly as possible. This is a very serious accusation, and taking too long to respond puts the victim (and other employees) in danger of further abuse.Failing to address the situation in a timely fashion puts your company at risk of a workplace harassment lawsuit or fines.

As an employer, you're obligated to provide a safe, equal work experience to all employees. If the victim feels in danger and/or like their work has suffered because of the investigation delay, they could file a complaint with the EEOC. It is vital for organizations to stay up to date on workplace harassment laws, which can vary by stateTo ensure you never miss a complaint and can get started investigating right away, look for a case management system that integrates with your intake mechanisms. Case IQ captures reports through your hotline, webform, and other mechanisms, and instantly creates a case file using the collected data, saving time and effort.

Steps to Ensure an Unbiased and Confidential Workplace Investigation

In your first meeting with the complainant, express that you're taking their complaint seriously. Reflect this in your actions by acting quickly and keeping all communications professional and supportive.To protect both the complainant and the alleged harasser, keep all details of the case confidential until a resolution is reached. Be discreet about the details of the allegation and the identities of the complainant and the subject. Only share information about the case on a need-to-know basis.Next to confidentiality, avoiding retaliation should be your top priority.Explain your company’s anti-retaliation policy to every person you speak to in the investigation (victim, alleged harasser, witnesses) and encourage them to report any retaliatory behavior they experience.

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You might want to separate the involved parties until the investigation is resolved. However, this could be perceived as retaliation (by the victim) or disciplinary action (by the accused). To avoid a lawsuit and protect your employees, consider these options:

• Ask the victim if and how they would like to be separated from the accused. This could include different work hours, moving work stations, or taking paid leave. Don't force anything on them.
• Place the accused person on paid administrative leave for the duration of the investigation. It's best if they do so voluntarily.

Essential Preparation for Conducting a Sexual Harassment Investigation

Before you start investigating sexual harassment in the workplace, gather all the documents you need, including:

• Your company's code of conduct and related policy documents (e.g. harassment, anti-retaliation, etc.)
• Employee files for the victim, accused, and witnesses
• A copy of the allegation
• Supporting documents

Next, choose your investigation team. To reduce bias, assign investigators who don’t have a relationship with the complaining employee, the subject of the allegation, or any witnesses.This might be difficult, especially in a smaller organization. If you can't find unbiased investigators, consider using an external investigation team to keep things fair.Then, lay out your investigation plan. To start, ask yourself:

• What tasks will need to be completed?
• Who should do each task?
• What is our overall timeline and when should each task be completed by?
• What is the goal of this investigation?