When investigating an employee’s complaint of harassment—sexual or otherwise—tailor your inquiries to the facts of that case.
Ask the complainant
- Who committed the alleged harassment? What exactly occurred? When and how often did it occur, and is it still going on? Where did it occur?
- How did you react? What response did you make when the incident occurred or afterward?
- Has your job been affected in any way?
- Was anyone present when the alleged harassment occurred? Did you tell anyone about it? Did anyone see you immediately after episodes of alleged harassment?
- Did the person who harassed you harass anyone else? Do you know whether anyone complained about harassment by that person?
- Are there any notes, physical evidence or other documentation regarding the incident(s)?
- How would you like to see the situation resolved?
Ask the alleged harasser
- What is your response to the allegations?
- If the harasser claims that the allegations are false, ask why the complainant might lie.
- Are there any notes, physical evidence or other documentation regarding the incident(s)?
Ask third-party witnesses
- What did you see or hear?
- What did the complainant tell you? When did she tell you that?
Advice: Document every interview you conduct. Note who you interviewed, and when and where the conversation occurred. If there were any witnesses to the interview—it’s often a good idea to have someone sit in—record their names and titles. Place all interview notes in a working file until you have concluded your investigation. Then transfer them to a permanent file.
Never alter or destroy any interview notes. They could become evidence if litigation results from alleged harassment.
