Conducting a Workplace Harassment Investigation: Techniques to Determine Facts and Minimize Liability (2-Hour Boot Camp)
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| Workplace Harassment Investigation |
OVERVIEW
The EEOC requires that employers receiving a
complaint, or otherwise learning of alleged harassment in the workplace, “investigate promptly and thoroughly…take immediate and
appropriate corrective action by doing whatever is necessary to end the
harassment, make the victim whole by restoring lost employment benefits or
opportunities, and prevent the misconduct from recurring”.
That’s
a tall order to ensure a just and fair handling of a harassment complaint — an
essential order that all organizations are required to follow. The
investigation process is, perhaps, the most critical element in dealing with
internal harassment. In cases that have gone to court it is often due to
inadequate or absent investigations of complaints.
While
there is no such legal requirement for instances of bullying (in which the
definition varies widely), it is at the organization’s peril to not conduct a
bullying investigation. Employees and their attorneys are using various tort
laws to bring action against their employer. Additionally, it is possible that
an incident of “bullying” may be motivated by the target’s protected class and
constitute illegal discrimination or harassment.
The courts have opined that organizations must prevent internal harassment by developing a harassment and bullying policy and intervene on harassment complaints. The employer is required to demonstrate what it has done for workplace harassment prevention.
The courts have opined that organizations must prevent internal harassment by developing a harassment and bullying policy and intervene on harassment complaints. The employer is required to demonstrate what it has done for workplace harassment prevention.
Not
only is conducting an investigation a prevention and intervention tactic, but
the HR professional tasked with conducting an investigation should be trained
in how to conduct a workplace investigation —this also demonstrates prevention.
WHY
SHOULD YOU ATTEND
Even
if you have been doing investigations for years — if you have never been
trained, how do you know if you are conducting them correctly to prevent
liability, determine the accuracy of the complaint, corroborate evidence,
determine credibility, and form an opinion?
This
program will cover the intricacies of EEOC harassment law, and will help you learn how to conduct a
workplace investigation.
AREAS
COVERED
- Discussion
about if and when a harassment or bullying investigation is required
- Comparison
of a formal and informal investigation process
- Planning
for the investigation
- Sample
interview questions provided for the target, the accused and witnesses
- Review
of what constitutes a witness
- Legal
issues surrounding an investigation such as confidentiality, defamation of
character, and false imprisonment
- The
importance of documentation of each interviewee
- Examples
of appropriate and inappropriate documentation and why it is critical
- Specific
details regarding how to corroborate evidence
- List
of criteria to determine credibility of those interviewed
- He
said/she said
- The
role of the investigator in forming an opinion following the investigation
- How
to follow-up with the target, accused, and the organization
- The
critical importance of an investigative report
- The
elements of an investigative report to minimize liability
LEARNING
OBJECTIVES
The attendees will learn
- To
determine if a harassment or bullying investigation is necessary
- To
discuss the steps of an investigation and what is employee harassment act
- To
explore the intricacies of interviewing the accuser, accused and witnesses
- To
differentiate between a formal and informal investigative procedures
- To
determine credibility and reach a conclusion following an investigation
- To
write a formal report outlining the investigation
WHO
WILL BENEFIT
- Human
Resources Specialists
- Attorneys
- HR
Consultants
- Those
tasked with investigations such as Generalists, Mangers, and Directors
Use Promo Code MKT10N and get flat 10% discount on all purchases
For more detail please click on this below link:
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