Posts Tagged harassment claims

Five Interview Techniques for Handling Harassment Claims

Interviewing VictimsInterviewing victims, harassers, and witnesses is always challenging.

It is important to remember that a poorly handled interview can escalate a problem or inflame the parties to point of unreasonableness. If this happens to you, expect to pay significant attorney fees to resolve a claim of harassment or discrimination.

Most mistakes are made by overzealous managers, who either want to clean up a charge of harassment or discrimination quickly or make and act on assumptions before even beginning the investigative process. These types of actions may put your business at risk and bring additional charges or retaliation or discrimination.

Use these techniques to mitigate your risk:

 

Five Interview Techniques

1. Begin the investigation immediately

Don’t wait for the gossip mill to get into full swing. In addition this move assures the victim and harasser that you are taking the claim seriously.

2. Conduct all interviews in private

Choose an office location without windows to the curious. Ensure that you will not be disturbed by phone calls, emails, or other company business.

3. Conduct the interview with one person at a time.

Do not bring witnesses into the interview with either the victim or harasser as this can taint the interview process and violate privacy.

4. Sit across a desk from the victim.

Choosing to sit next to the victim or in a less formal setting will communicate a lack of seriousness for the situation.

5. Take copious notes throughout the conversation.

Use either a computer or a pad of paper to take notes and remember to record the date, time and place. This assures the victim that you are paying full attention to the complaint. Remember the EEOC requires all records so you must keep these notes in the event that a charge is filed.


Remember that harassment and discrimination training protects your business and employees. Quality sexual harassment training will reduce the number of claims and time spent resolving them.

Train your employees and supervisors with Chrome Zebra’s economic, online harassment training today. Visit chromezebra.com or call 866.241.9927 for more information.


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Retaliation

Retaliation defined: An employer may not fire, demote, harass or otherwise “retaliate” against an individual for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination. 

The three terms are associated with Retaliation are:

  • Adverse Action
  • Covered Individual
  • Protected Activity

An adverse action is an action taken to try to keep someone from opposing a discriminatory practice, or from participating in an employment discrimination proceeding.

Examples:

  • Decrease in wages
  • Unreasonable increase in responsibilities
  • Decrease in scheduled hours
  • Loss of benefits
  • Demotion
  • Transfer
  • Assault
  • Dismissal
  • Negative evaluation
  • Denied attending meetings
  • Increased surveillance
  • Unfounded civil or criminal charges

Note: this does not include petty slights and annoyances, such as stray negative comments in an otherwise positive or neutral evaluation, “snubbing” a colleague, or negative comments that are justified by an employee’s poor work performance or history. Read the rest of this entry »

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