HR Investigations Need to Happen

Over the years, I have conducted countless corporate investigations, including harassment, improprieties, and also bullying (which is, alas, also harassment). The underlying themes in all investigations are usually three things: employees have not been trained in creating respectful workplaces, staff/leadership are not self-reflective, and HR often does not raise the issue to leadership.  

What can happen if we do not do an investigation immediately?  

Claims of harassment, bullying, and workplace misconduct can be found in every industry, including small and large corporations, and in law, education, non-profits, and the financial sectors. If you feel it has never happened at your company - don’t assume it’s not happening just because someone hasn’t complained (yet). 

Failing to prevent an issue — or overlooking or ignoring an existing problem — can have serious consequences. If the victim files a complaint with the Equal Employment Opportunity Commission (EEOC), the company will be the subject of a significant investigation and a possible lawsuit by the EEOC on behalf of the victim.  

So, what should you do? And how do you handle a complaint? Even a whisper of sexual harassment that has not been addressed can have a significant impact by sending a message that unacceptable behavior is, in fact, acceptable.  

Will it be handled appropriately with staff?  

Whether you have trained staff or you utilize an outside investigation, what does need to happen is that a voice needs to be heard. It doesn’t matter if it’s an employee that feels belittled by their boss or one that's afraid to go to HR because the VP in the corner office touched them inappropriately – people need to be heard.  

So what do you need to do? How should you handle investigations internally?  

Here are the best practices and next steps to follow: 

Develop, implement, and practice acceptable anti-harassment policy. If you don’t have a policy, get one. If you have one, make sure your employees know about it. Include examples of unacceptable conduct and the consequences. 

Train and educate your employees. Provide all of your employees with harassment training (not just managers) and ensure they are aware of what constitutes harassment and what options they have available to them. 

Provide more than one option to file a complaint. Companies should have two or more unrelated ways that employees can complain about harassment, discrimination, or retaliation. For example, if your policy states to go to your manager, but that person is the harasser, your policy is ineffective. Make a confidential hotline available to your employees or consider identifying either someone in HR or and outside party available for employees to contact.  

Investigate the conduct. Even if you do not have an official complaint, but merely whisperings in the office (or outside the office at an event or on social media), do not hesitate to investigate appropriately. 

Take action if needed. Even if the person is one of your best performers or in the C-suite, sexual harassment is unacceptable regardless of the harasser. 

Be preventive and proactive now, not after a complaint is made. The costs of dealing with sexual harassment - such as litigation, destroyed reputation, loss of customers, clients, or investors, difficulty in attracting and retaining talent, loss of competitive advantage and sustainability, or a decline in morale - are far greater than investing in your culture preventatively and proactively.    

Some groups do use third parties to ensure employees have someone to call or someone to look into the matter, but whatever it is, you need to have a method to handle all potential issues big and small.  

As an HR professional and trained corporate investigator, I challenge each of us to create a respectful workplace for all. Check yourself, be self-reflective, and be proactive – say something that doesn’t sit well with you.  

Click here for your free investigation guide.  

If you need help with any of these aspects, investigations, coaching, cultural assessments, third party investigations, and creating a respectful workplace training, FutureSense HR can always help – this is our expertise! Contact us today at info@futuresense.com or 888-336-0909