Sexual Harassment Investigation

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Federal law requires employers to create a safe environment for their employees. This includes creating an environment free from sexual harassment in all its forms. In fact, the Supreme Court made a very balanced and fair ruling a few summers ago. They made a ruling that makes it VERY easy to win a law suit or EEOC challenge if the employer has not conducted a thorough and comprehensive sexual harassment prevention project. On the other hand, the same ruling makes it VERY hard to win a law suit or EEOC challenge if the employer has conducted a thorough and comprehensive sexual harassment investigation.

Currently, organizations are conducting internal investigations into harassment and discrimination complaints. As a consequence, organizations are vulnerable to allegations of bias and conflict of interest and are exposed to possible legal liability. Internal investigators often lack the necessary expertise to maintain procedural fairness and ensure that conclusions are legally supported. Accordingly, credibility is compromised and the investigation's value is lost. The economic aspects of an investigation should also be considered; thorough investigations are time-consuming, and if conducted internally, will detract from your core business.

As investigators trained in the area of workplace conflict management and human rights, we conduct prompt, cost-effective independent investigations into allegations of hostile work environments including sexual and other types of harassment, discrimination and workplace violence.

We will

• Conduct a thorough investigation of the alleged harassment by an employee. An objective person or independent third party must conduct this investigation.
• Act in good faith by listening fairly to both sides - the complaining employee and the alleged offender.
• Maintain proper documentation and records of the entire investigation - keep contemporaneous and thorough documentation.
• Have initial meeting with complaining employee and get his or her side of the problem.
• Hold a "notice" meeting with accused employee.
• Interview all knowledgeable persons and witnesses, and review relevant documents, including company policies and procedures. Get the facts.
• Ask appropriate questions of witnesses, probe for details, and test their credibility (e.g., reliability and truthfulness). By probing, you may ferret out hidden facts, clarify gray areas, reconcile conflicting points, and uncover new information.
• Gather additional evidence and uncover further information.
• Outline the chronology of events that surround or pertain to the incidents in question.
• Hold a review meeting with the accused employee of the evidence gathered during the investigation and give the employee an opportunity to respond.
• Distinguish facts from allegations, assumptions, and opinions.
• Evaluate the merits, make reasonable and honest inferences, and reach a decision based upon the facts and substantial evidence gathered during the investigation. Make sure your paperwork reflects that your decisions and conclusions were made fairly and impartially.

Commercial Investigative Services can handle all claims of Sexual Harassment. We have put together a 12 Step Investigative formula to ensure that a impartial and thorough investigation takes place. A thorough and impartial investigation is crucial in avoiding claims of incompetence made by the accuser, accused, and the EEOC.

Whether you have suspicions, specifics, or just want peace of mind, let us help you.