The EEOC expects employers to investigate harassment complaints promptly and thoroughly, end the harassment, make the victim whole and prevent it from happening again. Many cases that reach court do so because the investigation was inadequate or never happened.

This 90-minute workplace harassment investigation training covers the details of doing it right: deciding whether an investigation is needed, choosing a formal or informal process, planning, and interviewing the accuser, the accused and witnesses.

You'll also look at documentation, corroborating evidence, judging credibility in he said/she said situations, legal issues such as confidentiality, defamation and false imprisonment, and writing the final report using a template.

WHY SHOULD YOU ATTEND?

A fair, impartial investigation helps establish whether a harassment or bullying complaint is valid, reduces liability, may lower damages, can head off an outside agency investigation such as the EEOC's, and shows the organization's commitment to preventing misconduct. Experience alone is not enough; investigators need training in the process.

This session is for HR generalists, managers and directors who handle investigations, attorneys and HR consultants.

AREA COVERED

Running the investigation

• Deciding if and when an investigation is required
• Misconduct triggers that call for an investigation
• Formal vs informal investigation processes
• Planning the investigation and the steps involved
• What makes someone a witness
• Interviewing the accuser, the accused and witnesses

Evidence and legal issues

• Legal issues: confidentiality, defamation of character and false imprisonment
• Documenting each interview, with examples of appropriate and inappropriate documentation
• How to corroborate evidence
• Criteria for judging the credibility of interviewees
• Handling he said/she said situations

Conclusions and follow-up

• The investigator's role in forming an opinion and drawing conclusions
• Following up with the target, the accused and the organization
• Why the investigation report matters and what it must include
• A template final report

LEARNING OBJECTIVES

• Decide when a complaint requires an investigation
• Choose between formal and informal investigation procedures
• Plan an investigation and interview the accuser, accused and witnesses
• Document interviews and corroborate evidence correctly
• Judge the credibility of each interviewee
• Manage legal risks such as confidentiality, defamation and false imprisonment
• Draw conclusions, follow up and write a formal investigation report

WHO WILL BENEFIT?

• Human Resources professionals – those tasked with investigations such as generalists, managers, and directors
• Attorneys
• HR Consultants