What Are the Stages of a Workplace Harassment Investigation?

Workplace harassment investigations are critical for ensuring a safe and respectful work environment. Employees who experience harassment at work may feel uncertain about the process that follows reporting such incidents. Understanding the stages of a workplace harassment investigation helps employees better understand their rights throughout the process. At Minnis & Smallets LLP, we explain what clients can expect during harassment investigations and prepare them for the next steps.

Initial Reporting of Harassment

The investigation process typically begins when an employee reports the harassment to their employer or the HR department. California law encourages employees to report harassment promptly, following the company’s sexual harassment policy, if available. Employers are required by law to address reports of harassment seriously and without retaliation against the individual reporting it. 

During this stage, employees should consider documenting incidents of harassment in detail, including dates, times, locations and any witnesses. This documentation becomes valuable evidence to support claims. 

Evidence Gathering

Once a report is received, the employer or a designated investigator collects and examines all relevant evidence. This stage involves reviewing the documentation provided by the employee and any additional records, such as emails, text messages or internal communications. Supporting evidence is not confined to written materials; it may also include company policies, records of prior complaints and timelines of events. Gathering evidence fairly and thoroughly is crucial to documenting the incident. 

Interviews With All Parties

Interviews form a significant part of any workplace harassment investigation. These interviews typically include the individual who reported the harassment, the accused party and any witnesses. Investigators use this stage to gather detailed accounts of what occurred to gain a comprehensive understanding of the situation.

The interviews aim to uncover consistent details to help substantiate or refute the claims of harassment. Employees should expect to answer questions about their experience with the incidents, and investigators should maintain confidentiality as much as possible.

Resolution and Recommendations for Action

The final stage of the investigation is resolution. After reviewing evidence and interview findings, investigators determine whether workplace harassment occurred and whether it violated company policies or the law. 

Actions may range from disciplinary measures against the harasser to further training or policy updates aimed at preventing future incidents. If necessary, legal action may follow, and employees subjected to harassment can pursue remedies under California labor and employment laws. Consulting with an experienced employment attorney is often beneficial for employees to ensure their rights are fully protected.

Helping Employees Navigate Harassment Claims

Understanding the stages of a workplace harassment investigation empowers employees to approach the process with confidence. Navigating harassment claims can feel overwhelming, but employees in California have legal protections and resources to support them throughout the process. At Minnis & Smallets LLP, we are dedicated to helping employees pursue a fair resolution to difficult workplace situations. Contact our firm for personalized assistance.