Essential Guide to Workplace Investigations, The by Lisa Guerin;
Author:Lisa Guerin;
Language: eng
Format: epub
Publisher: MH Sub I. LLC
Evaluate the Evidence
Sometimes, there are many witnesses to harassment. For example, an entire work group might hear a supervisorâs racist jokes or sexual come-ons. If the victim is complaining of a hostile work environment, other workers might have seen or heard something. Often, however, harassment occurs behind closed doors, and only the harasser and harassee really know what happened. If youâre facing this type of investigation and youâve received conflicting stories, your credibility determinations will be especially important.
Review the factors listed in Chapter 4 as you try to figure out where the truth lies. Two factors can be especially relevant in harassment cases: corroboration and motive.
Corroboration. Even if no one else was in the room when the alleged harassment took place, you can still try to corroborate other details of each personâs story. For example, a secretary complains that her boss called her into his office several times a week to tell her racist jokes a friend sends him by email. Although no one else was in the room, you might find other corroborating evidence. Did anyone see her entering or leaving his office? If so, did she appear to be upset? Did she tell anyone about the incidents? Has he told similar jokes to other employees? Can his emails be retrieved?
Motive. Does either party have a motive to lie? Has either party told any other employees about making a false claim or false denial? Does the alleged harasser have any reason to actâor not to actâas the victim has claimed? Especially in sexual harassment cases where the parties have a prior romantic relationship, itâs important to consider any reasons they might have for their actions and statements.
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