Investigating Workplace Harassment. . - Bookshelf - book review

HR Magazine, Sept, 2002

By Amy Oppenheimer and Craig Pratt SHRM, 2002 216 pages List Price: $29.95 ISBN: 1-58644-030-6

The responsibility for investigating charges of workplace harassment often falls to HR. In Investigating Workplace Harassment, attorney Amy Oppenheimer and Craig Pratt, SPHR, say such investigations are among HR's greatest on-the-job challenges. Emotions run high, the potential liability for the company is great and the morale of the entire organization is at stake.

Investigating Workplace Harassment helps readers chart these dangerous waters by describing the laws relating to harassment and by providing tips for planning and conducting an investigation, gathering documentation, interviewing workers, weighing evidence, writing an investigative report and taking remedial actions. The book also includes sample policies, witness statements and reports. Each chapter concludes with a self-check that allows readers to assess how well they understand the outlined concepts.

For a harassment investigation to be perceived as fair by all, it must be both confidential and neutral. The confidentiality of the investigation should be clearly spelled out in the company's policies. Neutrality can be achieved by using a two-person team to investigate the charges, say Oppenheimer and Pratt. The team benefits by using two sets of eyes and ears. One investigator can ask questions while the other investigator observes closely, possibly noticing clues that would have eluded someone working alone."

The composition of the team should be balanced. Teams investigating sexual harassment should include both men and women; racial harassment charges should be investigated by a team including a Caucasian and a minority group member. "Balancing team members this way may engender more trust from the parties because both sides will see that their perspective is represented," Oppenheimer and Pratt write.

Throughout the process, documentation is critical. The written record should include primary source comments by the accused and the accuser. Notes should focus on objective facts, rather than impressions.

Typically, the investigation includes interviews with:

* The person filing the complaint.

* The person against whom the complaint was filed.

* Any witnesses to the event or other incidents or relationships pertinent to the complaint.

* Supervisors who were responsible for knowing and enforcing organizational anti-harassment policies.

After conducting interviews, investigators should document their findings and outline any appropriate remedial measures.

The authors note that, in addition to getting to the truth behind the accusations, an investigation may also revel flaws in the organization's anti-harassment training and policies.

* This book can be purchased through the SHRMStore online. Members receive a discount off the list price. Visit www.shrm.org/shrmstore and search for item number 61.14001.