How to Screw Up an Employee Complaint Investigation

By Kevin M. Christensen

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It's finally happened. One of your employees has come to you, or your HR department, complaining of harassment or discrimination. (If it hasn't happened yet, congratulations; stay in business awhile, it will.) Now comes the investigation. And as we know from Watergate, Monica-gate, Scooter-gate, or Weiner-gate, it's not the crime that's the real problem, it's the cover up. In harassment and discrimination cases, the employer's investigation can stop a problem in its tracks, or create even bigger ones.

Some advice on what NOT to do when the complaint comes across your desk:

1. Dismiss the Complaint, or the Complainant

It may be human nature to want to minimize other people's failings, but now is not the time to reflexively defend the alleged harasser, or tell the complainant to man up. If an employee is telling you there is a problem, believe it—there is a problem. And your saying "I'm sure he was just joking," or "you must have misunderstood," or "you need a thick skin in sales," is going to create a bigger one. Respect the complaint, and respect the complainant for giving you the opportunity to fix it, hopefully without a lawsuit.

2. Procrastinate

Investigations are not fun to conduct. They don't come with a deadline. They don't add anything to the bottom line. So in a busy office they can get low priority. Big mistake. Delaying an investigation is going to make it much harder to conduct, as people's memories lapse or alibis get manufactured (you'd better believe it happens). Delay also violates your legal obligation to take reasonable steps to prevent harassment before it happens and to stop it when it does. Act, and act fast.

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