Too many people are forced to deal with sexual harassment and a hostile work environment. People in this position experience a variety of emotions from fear to anger to helplessness and confusion. They need to know how to handle these workplace insults, assaults, and retaliations. In this post we will provide some information regarding internal investigations, their purpose, how they work, and how they may (or may not) alleviate these issues.

FIND AND FOLLOW THE COMPANY’S ANTI-HARASSMENT POLICIES

You must get hold of and become completely familiar with the civil rights/anti-sexual harassment policies of your company. You should make two copies, one for yourself and one for your lawyer. This is important because the employer will try to defend itself on the basis of its anti-sexual harassment policy, especially if you do not invoke it and follow it through properly. Also, if the complained of conduct is deemed against company policy, that may help you make a claim that otherwise might not meet the state law threshold for a discrimination claim.

DOCUMENT THE HARASSMENT

You should start and keep a confidential diary of the complained of behavior, especially if it is pervasive and conducted over time. You should make a list of possible witnesses for you, although if they are current employees, it will be difficult to get their cooperation. A workplace investigator will have an easier time than you will in that regard. However, if others have suffered from the aggressor’s conduct and the company has not dealt with that person properly over time, you may have better luck with previous employees who have quit or been let go. You have to be careful about appearing to be conducting your own investigation. Your lawyer can be a good coach and his or her staff can become investigators for you if need be.

Document any psychological and/or physical symptoms arising from the unwanted conduct, including names of treating doctors and lists of medications.

Do NOT take company documents (other than personnel policies), whether in hard copy or from a company computer, to try to make your own case. You could be fired for that behavior, and your lawyer can get that information at a later time. You can note for yourself what the information is that you seek and where it may be found, for your lawyer’s information.

GO ON RECORD TO THE EMPLOYER

Next, go on the record about the harassment. Send an email to the person who committed the act, copying your supervisor (or your second line supervisor if your supervisor is the aggressor), with a copy to HR, to let them know you are not comfortable with what happened. In addition to providing that individual in opportunity to change his or her actions toward you, it also creates a record of what happened.

Coworker or subordinate sexual harassment also should be reported. Whether that report will be made to a superior or another person in the business, such as someone in HR, depends upon the company policy and the situation. The company handbook or policy manual is a good resource and should provide direction on where to go.

Note that almost all employers are dedicated to eradicating civil rights violations in the workplace. Their presence in the workplace literally is bad for business, bad for company morale, and can open the employer or its insurance carriers to unwanted liability and damages claims. That does not mean that the employer will not circle the wagons and attack when it feels attacked. But a well developed factual record coupled with favorable witnesses and poor defense witnesses will produce either a fair settlement or a solid basis on which to bring suit.

CONSIDER YOUR FAVORED OUTCOME

Be thoughtful of your preferred outcome. While an internal investigation may not result in the harasser’s job termination, this does not mean you will have to work with that individual. The harasser could be moved to another team to make the workplace setting more comfortable for you. If the harasser is your immediate supervisor, then a transfer to another department, another part of the state, or even out of state, may be in order.

WHAT HAPPENS IF THE INTERNAL INVESTIGATION GOES SOUTH?

An internal investigation is not necessarily the end of the road. If you are unhappy with the conclusion reached you still may be able to take legal action. Whether that action is administrative-with the U.S. Equal Employment Opportunity Commission-or judicial in nature depends on several important factors and strategies. Do we want to bring the employer to the table? Do we want to negotiate a fair severance package? Do we want to file a suit first, playing “hardball”? You and we will make that determination thoughtfully and carefully, always keeping your best interests in mind — short term, mid-term, and long-term.

CONCLUSION

You should consult with an experienced plaintiffs’ employment law firm at the earliest possible moment. That law firm should have a successful track record of helping people in this type of case. We will help you figure out the best course of action and then help you achieve it. We care about and fight hard for our clients.

Source: U.S. News and World Report, “6 Things to Know About Workplace Sexual Harassment,” Jada A. Graves, Feb. 12, 2015