When it comes to the process of investigating parties to determine the appropriate action to take in a sexual harassment case, there are several key questions that will be posed to each individual involved.
When asking questions to the complainant, the types of queries that are normally asked are:
These specific questions are formed to evoke the complainants’ perspective on the situation. Questions regarding any tangible employment actions or severity of impact include:
Then, questions that include topics relating to anyone else being connected to the incident are asked. For example:
To make sure if an alleged harasser was victimizing more than one employee, the complainant will be asked if they have any knowledge of that particular topic.
It is essential to have documented evidence. This will objectively help find out who is at fault for the situation that took place. It will also more easily determine if the situation actually happened.
The complainant’s perspective on how he or she handled the case is the next step towards obtaining important information. This will provide beneficial details to help determine the level of unwelcomeness a victim communicated to the alleged harasser.
Next, the complainant will be asked information regarding an employer’s anti-harassment policies. Questions will be administered regarding their knowledge on anti-harassment policies to see if they even how to properly respond to these types of situations.
Afterwards, questions will be asked regarding the company’s knowledge of the wrongful actions committed by the alleged harasser, along with their response if they noticed the inappropriate behaviors.
Follow up questions will be asked to uncover more information regarding the outcome of the complaint.
Next, it is important to get information on whether the complainant took additional action to prevent more harassment from occurring.
Lastly, the investigation will conclude with the following:
A few basic questions are asked to get an idea about who the harasser is and what his or her ties are to the complainant.
A follow up question is then posed to get an understanding of his or her reaction.
If the alleged harasser claims that the accusations are false, questions will be asked regarding their perspective on what they think actually happened.
After an explanation is given, it is expected for the alleged harasser to also provide information on whether or not there were additional individuals involved in the event.
Lastly, once these questions are answered, documented evidence will be requested.
Reaching out to any available witness is helpful for gathering additional evidence that may play an important role in determining how the case will be handled.
A follow up question is asked to determine if the witness is aware of the conduct being unwelcome or unwanted.
Lastly, it is concluded with:
Once all questions are asked to the parties involved in the harassment case and a thorough case analysis is established, a final decision will be made.
If you have made up your mind to take action, it is important to work with an attorney that specializes in cases like yours. The sexual harassment lawyers at West Coast Employment Lawyers have extensive experience handling sexual harassment cases. We will work tirelessly to gather the facts, find and interview eyewitnesses, hire experts, and fight for your rights.
We work on a contingency basis, which means we only get attorney’s fees if we are able to recover for you. Our legal team is available 24/7 and will take care of your case from start to finish. For a free no-obligation consultation with a sexual harassment attorney in California, contact our office at (213) 927-3700
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