Sexual Harassment in the Workplace: Investigation
by cjleclaire
 Stephen Hans Blog
Jan 23, 2018 | 94 views | 0 0 comments | 2 2 recommendations | email to a friend | print | permalink

How Should You Conduct Harassment Investigations?

It is vital to conduct an investigation as soon as possible when an employer receives a complaint of sexual harassment (or any other type of discrimination harassment). Delays in investigating can be viewed as neglect and as a failure to take effective measures to prevent harassment in the workplace, which makes employers vulnerable to sexual harassment claims.

harassment Q & A

What Comprises an Effective Investigation?

The EEOC  recommends that employers incorporate the following into their investigations to ensure prompt and effective investigations:

Ensure the investigation is conducted immediately, thoroughly and with impartiality. Individuals who are alleged harassers should have no control, whether direct or indirect, over the investigation.

  • Those who should be interviewed during the investigation include:
  • The employee complaining about harassment
  • The alleged harasser(s)

Anyone with relevant information or who would be expected to have reasonable information about the harassment.

sexual harassment in the workplace, is the employer responsible

Ask the Complainant, Alleged Harassers and Witnesses Specific Questions

The following are some examples of specific questions that the EEOC suggests employers ask during a harassment investigation:

Questions for Complainant

  • Who, what, when, where, and how: Who committed the alleged harassment? What exactly occurred or was said? When did it occur and is it still ongoing? Where did it occur? How often did it occur? How did it affect you?
  • How did you react? What response did you make when the incident(s) occurred or afterwards?
  • How did the harassment affect you? Has your job been affected in any way?
  • Are there any persons who have relevant information? Was anyone present when the alleged harassment occurred? Did you tell anyone about it? Did anyone see you immediately after episodes of alleged harassment?
  • Did the person who harassed you harass anyone else? Do you know whether anyone complained about harassment by that person?
  • Are there any notes, physical evidence, or other documentation regarding the incident(s)?
  • How would you like to see the situation resolved?
  • Do you know of any other relevant information?

was there harassment

Questions for the Alleged Harasser

  • What is your response to the allegations?
  • If the harasser claims that the allegations are false, ask why the complainant might lie.
  • Are there any persons who have relevant information?
  • Are there any notes, physical evidence, or other documentation regarding the incident(s)?
  • Do you know of any other relevant information?

Questions for Witnesses

  • What did you see or hear? When did this occur? Describe the alleged harasser’s behavior toward the complainant and toward others in the workplace.
  • What did the complainant tell you? When did s/he tell you this?
  • Do you know of any other relevant information?
  • Are there other persons who have relevant information?

Stephen Hans & Associates has decades of experience assisting business owners with employment related issues.

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Sha'Quan Boodle
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January 23, 2018
Pimpin' ain't easy!
Russell’s return, Dinwiddie’s revenge as Nets win two to end the week
Jan 22, 2018 | 893 views | 0 0 comments | 6 6 recommendations | email to a friend | print
Two months after tearing his right meniscus, D’Angelo Russell returned for the Brooklyn Nets on Friday, January 19, as the team hosted the Miami Heat at Barclays Center. The roar of the crowd was thunderous as Russell entered for the game for the first time with 4:28 remaining in the opening stanza. As expected, Russell was rusty, and on a minutes limit. Therefore, expectations were lowered before the game even began, as Russell was listed as “probable,” which in the NBA normally translates to “he’ll play, just not that much.” Nets head coach Kenny Atkinson also said that the team would build Russell up and ease him into more minutes as time goes. Considering that Russell has played two games since his return at 14 minutes each, scoring only four points on 1-of-10 shooting with three assists, patience and tempered expectations seems to be ideal. “Russell was obviously rusty, which is normal,” Atkinson said. “You could see he got in rhythm. He got to the rim and missed a layup but it was a good drive. He’s got a feel as a quarterback, as a point guard of getting guys shots.” For the Nets, it’s good to have Russell back, but it’s even better to end the week with back-to-back victories after losing to the San Antonio Spurs and New York Knicks earlier in the week. Though Russell hasn’t been a huge impact player yet, the Nets managed to defeat the Heat, 101-95, and follow it up with a 101-100 victory over the Detroit Pistons on Sunday, after a game-winning jumper from rising star Spencer Dinwiddie, who was drafted by those same Pistons in the second round of the 2014 NBA Draft. The 6-foot-6 guard was a nondescript back-up with Detroit, who even spent time in the former NBA D League from 2014-2016 before being traded to the Chicago Bulls, where he was subsequently waived in October 2016. The Nets signed him that December. Dinwiddie had 22 points on 9-of-13 shooting from the field and drained 4-of-6 from three-point range to accompany five assists and four rebounds against his former NBA team of two seasons. “You know, a win is a good win,” Dinwiddie said, fighting laughter, when asked how the victory felt, seeming to knowingly avoid mentioning the desired storyline behind the money shot. “For our young team, anytime you can grind out a win, especially when they come back, we still learned how to close it out and get just enough stops, just enough buckets. It’s big time.” The Nets, who are 18-29 after beating Detroit, are now six games out of the eighth spot in the Eastern Conference despite serious injuries to key players, including Jeremy Lin, who is out for the season. The Nets are also three games behind the New York Knicks, who they’ll face on January 30 at Madison Square Garden for the final time this season.
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St. John’s now 0-8 in Big East after double OT loss
Jan 22, 2018 | 145 views | 0 0 comments | 6 6 recommendations | email to a friend | print
The St. John’s men’s basketball team dropped its first double-overtime contest since 2014 on Saturday, falling on the road to Georgetown, 93-89. Leading by five with 24 seconds remaining in the first overtime period, the Johnnies (10-10, 0-8 Big East) saw Georgetown erase the deficit with a 6-1 spurt before the Hoyas (13-6, 3-5) scored the first six points of the second extra stanza to pull away at home. With eight straight losses to open conference play, head coach Chris Mullin said it’s getting harder to stay optimistic. “It’s definitely a test,” he said. “We got to keep battling, work through it, believe in each other, keep the faith, stay diligent, and we’ll get there.” The Red Storm appeared to have victory in its grasps toward the end of the first extra period, but let a five-point lead slip away in the final 24 seconds. Marcus Derrickson closed the stanza on a personal 6-1 run, draining a three-ball with three seconds remaining, knotting the contest at 79. Mullin was asked after the game if he would have liked to foul Derrickson before he could get the game-tying shot off. “Not coming out of a timeout, it’s kind of hard to get these guys’ attention on the way up, but ideally yeah,” he said. “Philosophically, yeah I like to foul in that situation. We couldn’t get the message over there coming off the free throw.” Shamorie Ponds tallied his second 30-point effort in the team’s last three outings, scoring 33 points to go along with eight assists, six rebounds and three steals. The Brooklyn native made 12 of his 23 tries from the floor and three of his seven attempts from three-point range. Before fouling out in the first overtime period, Tariq Owens netted 17 points on 8-of-14 shooting. The Big East’s leading shot blocker also added three swats and seven rebounds. Marvin Clark II tallied 15 points and four rebounds, sinking three triples in the process. Also finishing in double figures for the Johnnies was Bashir Ahmed, who chipped in 11 points and six boards. Justin Simon registered eight points, 10 rebounds, seven assists, four steals and two blocks. The effort marked his sixth of the season with double-digit boards. St. John’s was scheduled to return to action on Tuesday, playing host to Creighton at 8:30 p.m. at Carnesecca Arena.
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Comeback for Queens College
Jan 22, 2018 | 131 views | 0 0 comments | 8 8 recommendations | email to a friend | print
A heroic comeback led by Merrick Rowland and Lucy Tougas spurred the Queens College women’s basketball team to a 70-60 triumph over Damen College on Sunday in Flushing. Beth Bonin led the way 20 points, hitting 7-of-8 from the free throw line in the late stages of the game to elevate the Knights (8-8, 4-4 ECC) to a win. Rowland had 15 points and Marina Ramon Lopez scored 14 points as well, but Tougas had herself a game with eight points off the bench to go along with three rebounds and two assists. Ramon Lopez grabbed ten rebounds to record another double-double in the win as Emer Moloney played a pivotal role with seven points and six assists to boot. Queens returns to action on Wednesday, when the Knights host St. Thomas Aquinas College at 5:30 p.m. in a game that will be streamed live on ESPN3.
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