Investigating: He said, She said

Female employee brings forth a complaint on her male co-worker claiming sexual harrassment, discrimination and threats. She is visibly shaken and doesn't want the male employee knowing she has come forward to speak with the supervisor. The threat was that she may come up missing "like that Holloway girl". No one else has overheard conversations between the two. How do we confront the male employee while still honoring her wishes? Or, do we make a point to bring all of the claims to him anyway? We have a strong no harrassment, no discrimination, no retaliation policy.

Comments

  • 8 Comments sorted by Votes Date Added
  • I just love those employees who tell, but don't want the accused to know! Sheesh! My most recent experience with this I told the employee that based on her complaint, which suggests another employee's seriuos violation of our policies, I would investigate, however, I would not guarantee her anonimity. I reviewed our policy with her, emphasizing the "protecting against retaliation" statements, and empowered her to report to me if the situation continued or worsened.

    First, not every complaint is factual or a situation of harassment, and second the accused has the right to state or defend their position/side. The best you can do is get the other side, clarify the company's position regarding this type of behavior and warn against it, or any retaliatory behaviors because of the report. And DOCUMENT! DOCUMENT! DOCUMENT!
  • Are you supposed to hire a private detective, plant a bug on the complainant or some other methods found in a made for TV movie?

    With no other witnesses, no documents or other supporting or incriminating evidence, all you have to go on is this EEs story.

    DCHR has given you one of the standards - you cannot guarantee anonymity, but you do have a duty to investigate. The investigation probably starts with reviewing both EEs personnel files, but most definitely will involve discussion with the accused.

    When the accused denies all knowledge and says the lady is a certifiable nut-case, then what will you do?

    I think she should make a formal complaint to the police - this could quickly go beyond anything the company can or should do and call in the paid public servants is a logical step.
  • Before I even read any of the replies, I thought this lady needs to go to the police. I also would explain that you are required to investigate and go from there. Good luck, and let us know how it turns out.
  • I agree that this needs to be investigated, and as expeditiously as possible based on the alleged threats.

    While others may not have witnessed the alleged misconduct or heard the alleged comments, co-workers can give you some valuable insight. What is the relationship between the two ees? Have they noticed anything out of the ordinary (does the female ee's behavior change whenever the male ee is present? Has she mentioned feeling uncomfortable around this ee? Are other ees uncomfortable around him? Has he made inappropriate comments to them?). You can learn valuable information from talking to others, even if they do not have first hand knowledge of the allegations.

    Now that the ee has complained, you need to "face the accused." Of course he is going to deny the allegations, you have to be aware of his behavior during the interview. Your gut is going to tell you whether this guy is telling the truth or not, if you believe he is not being truthful, turn the screws and see what you get. By talking to other ees, you are going to have a foundation to measure up the information you receive from him. While we always want clear evidence that something happened, if you believe that it happened, unless you are not an at will employer, you can take action based on a good faith belief that something occurred. It is risky, get all the documentation you can (i.e. witness statements, schedules showing the the two ee actually worked together on the day the accuser claims the misconduct occurred, etc.) showing what you based your opinion on. Review your policies with this ee as well, harassment, retaliation, work place violence, etc. Either way, IMHO, you are going to need to show the steps you took during the investigation, whether it be to defend against her claim that you did nothing, or against his claim that you disciplined without solid evidence.


  • >How do we confront the male employee while still honoring her wishes?


    The answer is you don't honor her wishes. Honoring her wishes is NOT the point of investigating the charge. Once a complaint is made the ball starts rolling down hill on it's own. Call the EE in and start investigating. After that's complete sit down, go over the evidence, come to a reasonable conclusion and take appropriate action.


  • If she is afraid that she will be harmed in the investigation process (the accused is likely to know she spoke out)...she can seek legal remedies (PFA)...not that they are always of much comfort...but they are available.
  • Our policy specifically states that the name of the complaining party cannot be kept a secret. We must interview to get out the facts. Once the facts are in hand, appropriate action can be taken. Good luck.
  • At the conclusion of your interview with the alleged perpetrator, if it is evident that he made the comment about 'The Holloway girl', I would immediately suspend him without pay while the rest of the investigation plays out. If he made that threat, he needs to be removed from the facility at least while you finish your investigation. And please don't get in this back and forth of whether or not he 'meant' it or whether he was 'joking around'.

    The 'Holloway' remark, regardless of what else your investigation reveals, is enough of a stand-alone threat to warrant serious action.



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