Investigating Sexual Harassment Claims

Sexual harassment allegations in the workplace can have devastating effects on both employees and the employer. We often see small business owners struggle with how to handle these situations. In this blog post, I will provide some guidance on how small business owners can conduct a thorough sexual harassment investigation.

1. Take all allegations seriously
   The first step in conducting a thorough sexual harassment investigation is to take all allegations seriously. Even if the allegations seem unfounded or the alleged behavior seems harmless, it is essential to investigate thoroughly to determine if any misconduct has taken place.

2. Create a clear investigation plan
   Before starting the investigation, create a clear investigation plan that outlines the investigation process, who will be involved, and what steps will be taken to ensure confidentiality. It is also important to have a timeline for the investigation to ensure that it is completed in a timely manner.

3. Choose an impartial investigator
   It is essential to choose an impartial investigator who has the necessary training and experience to conduct an investigation. If the business owner does not have the necessary skills or is involved in the allegations, it may be necessary to hire an outside Human Resources consultant or investigator.

4. Interview all parties involved
   Interview all parties involved in the allegations, including the alleged victim, alleged harasser, and any witnesses. It is important to conduct these interviews in a private and confidential setting to ensure that all parties feel comfortable providing information.

5. Gather all relevant documentation & evidence
   Review all relevant documentation, including any written complaints, emails, text messages, or other communication related to the allegations. If available, gather any video footage from security cameras on the premises that may show the alleged incident as it occurred. It is also essential to review any company policies or procedures related to sexual harassment.

6. Analyze the evidence and make a determination
   After conducting the investigation, analyze all of the evidence to determine if any sexual harassment occurred. It is important to make a determination based on the preponderance of the evidence, meaning whether it is more likely than not that the alleged behavior occurred.

7. Take appropriate action
   If sexual harassment is found to have occurred, take appropriate action based on the severity of the behavior and the company's policies and procedures. This may include disciplinary action up to and including termination of employment. It is also important to take steps to prevent future incidents of sexual harassment from occurring.

Employee filling out a workplace harassment complaint form.

Whether the determination is made that sexual harassment likely occurred, it is important that no retaliation occurs to the individual that made the claim. This is a clear violation of the law, and your employees should feel free to bring these incidents to your attention without fear of retribution.

In conclusion, conducting a thorough sexual harassment investigation is essential for small business owners. By taking all allegations seriously, creating a clear investigation plan, choosing an impartial investigator, interviewing all parties involved, reviewing all relevant documentation, analyzing the evidence, and taking appropriate action, small business owners can ensure that their workplace is a safe and welcoming environment for all employees.