Workplace Sexual Harassment Investigations: The Typical Process

The sexual harassment attorneys at Minnis & Smallets help employees subjected to sexual harassment. When sexual harassment happens at the workplace, it affects all employees. 

Employers should take immediate corrective action to prevent harassment from continuing and enabling a hostile work environment.

When conducting a sexual harassment investigation, employers must react as promptly as possible. The faster the process, the quicker evidence can be collected and resolved.

Here is the typical process of a workplace sexual harassment investigation:

Raise A Formal Or Informal Complaint

Being sexually harassed and having to relive the harassment is difficult. But just remember that as an employee, you have the right to report your harassment without fearing retaliation.

You can file your complaint with your supervisor or the HR department. You can also file a complaint with the California Civil Rights Department (CRD) or Equal Employment Opportunity Commission (EEOC), however you should seek legal advice before doing so. 

Prepare For A Prompt Investigation

Following your complaint, an investigation should be launched. Employers are expected to remain impartial throughout the entire process.

During the investigation, you have the right to contact the third party to conduct an impartial investigation. You also want to ensure you are not going through the process alone.

More than one person should be involved with you during the process, even just acting as a witness.

Keep An Organized Investigation File

Your employer will maintain a confidential file of your complaint and the entire investigation process. When possible, request copies of different documentation.

Your employer will keep copies of different witness statements, documents related to the harassment, and all interview notes. You want to make sure that all information is accurate and consistent.

Prepare For The Interview

Several people will be interviewed throughout the investigation, from you to the accused.

The person conducting the interview will ask you a series of questions. Feel free to note if the interviewee feels they have already concluded.

Gather Evidence

During the investigation, you will also have the chance to gather evidence of sexual harassment and submit it to the interviewee.

This evidence includes copies of emails, witness statements, and photographic or video evidence.

Take Corrective Action

Once it has been revealed that the harassment has occurred, immediate corrective action must be conducted. This corrective action could be termination, suspension, or some other measure. The measure should help prevent any future action from occurring.

Follow Up

Many people assume that corrective action is the final step. In reality, the follow-up is the final step. The interviewee must notify you and all parties of their findings and the corrective action they must take. They must also set up a timeframe to follow up with you to determine whether sexual harassment has occurred.

Speak With An Experienced California Sexual Harassment Attorney Today

Were you sexually harassed at work? You should feel safe when at work and not have to worry about who will make inappropriate advances or comments while on the job. At Minnis & Smallets, our sexual harassment attorneys will fight for your right to compensation after being harassed by a supervisor, co-worker, contractor, or anyone else. Submit our contact form to schedule an appointment today.