Essential Guide to Workplace Investigations, The by Lisa Guerin;

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 supervisor’s 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 you’re facing this type of investigation and you’ve 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 person’s 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 act—or not to act—as the victim has claimed? Especially in sexual harassment cases where the parties have a prior romantic relationship, it’s important to consider any reasons they might have for their actions and statements.



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