Is Harassment a Popularity Contest? I Think Not!

Is Harassment a Popularity Contest? I Think Not!

CUOMO AGAIN: New York Governor Andrew Cuomo continues to be in the news. A recent poll, found that 50% of residents thought he should not resign. Many US Representatives, Senators, and NY state representatives have also weighed in, most suggesting resignation.

INVESTIGATIONS TAKE TIME: As I wrote last week, I always suggest that organizations wait until there has been a full and fair investigation before they make a decision as to the consequences of any harassment allegation. Unfortunately, investigations take time. While we always strive to finish investigations we are conducting within two weeks, they may drag on because of witness unavailability, document searches and consults with inside and outside counsel, as well as business leaders. The time lag allows for much mischief in terms of gossip, rumors, and unsolicited advice from various stakeholders. When I am asked what I think about a public harassment complaint, I always reply that I don’t know, unless I did the investigation (in which case, of course, the results would be confidential).

EVERYONE HAS RIGHTS: Everyone has rights in any workplace investigation: the person(s) bringing the complaint, the accused, as well as any witnesses. We need to treat everyone with respect until the investigation is concluded and the organization has a chance to determine appropriate consequences, if any. In the meantime, everyone else needs to do their best to stay out of the fray.

What Should You Do?

MANAGE GOSSIP: If you are a leader, do your best to quell the rumors and gossip during the course of an investigation. In addition to the potential legal consequences of defamation claims, you have an ethical obligation to treat all your staff with respect until the situation is resolved. If necessary, the alleged harassers, as well as the target(s) can be placed on suspension with pay while the investigation proceeds.

REMAIN NEUTRAL: As an employer, your role during and after receiving a complaint is to remain neutral. Refrain from expressing an opinion as to the honesty of any of the claimants or respondents unless you are asked as a part of the investigation.

ACCEPT THE RESULTS: Unless you have facts that you believe were not considered as a part of the investigation, accept the results. Investigations and their conclusions should be kept confidential, only those who need to know should know. Frequently, the investigator considered facts or witness statements of which you may not be aware. In addition, an organization has an obligation to be consistent in determining consequences. Responsible leaders may need to take into account previous outcomes or the needs of the business in calculating a result.

What Do You Think?

Have you observed workplace investigations that you thought were mishandled?  Contact us at: 303-216-1020 or Lynne@workplacesthatwork.com

Did You Know?

In addition to providing workshops on preventing harassment and other discrimination issues, we conduct investigations, providing consulting advice to those conducting investigations,

Call or write us at: 303-216-1020 or Lynne@workplacesthatwork.com

Coaching and webinars on these and other management and leadership topics can all be delivered virtually.

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Read Lynne’s book on sexual harassment.