Employee harassment and discrimination are serious issues that can have major consequences for companies. As an employer, it is important to recognize and address these issues quickly and effectively.
Workplace investigations can be an effective tool for uncovering current and past issues related to employee harassment and discrimination.
In this article, we will explore what workplace investigations are, how they can be used to uncover current employee harassment and discrimination, and what steps should be taken to protect yourself if you are accused.
What is employee harassment and discrimination?
Harassment and discrimination in the workplace are defined as any unwelcome or unwanted behaviour that is based on a person’s protected status, such as their:
- Race
- Gender
- Age
- Disability
- Sexual orientation
- Religion
This type of behaviour can include physical, verbal, or written conduct, as well as visual or symbolic displays. Harassment and discrimination create a hostile work environment, which can have an adverse effect on employees’ morale, job performance, and overall well-being.
Employers must take steps to prevent and address this behaviour. This includes developing policies that clearly define what constitutes harassment, providing training, and creating a robust system for reporting complaints.
How to recognize and address these issues
Recognizing signs of a hostile work environment is critical. Common indicators include:
- Offensive jokes or comments about someone’s protected status.
- Physical or verbal bullying.
- Intimidating behaviour or exclusion.
Employers should have a clear procedure for reporting and responding to complaints. This ensures that victims feel safe coming forward and that the company can act before the situation escalates.
The importance of workplace investigations
Workplace investigations are an important tool for uncovering the truth. They provide employers with the factual information needed to identify the source of the problem and take appropriate action.
This could range from disciplinary action, such as termination or suspension, to providing additional training or implementing new policies. Furthermore, a thorough investigation helps employers identify risk factors to prevent future incidents.
What are the steps for conducting a workplace investigation?
Conducting a workplace investigation requires a systematic approach to ensure fairness and legal compliance. The standard steps include:
- Gathering Information: Collect all relevant documents, emails, and initial reports related to the incident.
- Assign an Investigator: Appoint a qualified investigator who is impartial and familiar with workplace laws. This may be an internal HR manager or an external investigator.
- Interview the Complainant: Determine exactly what the allegations are from the complainant’s perspective.
- Interview the Respondent: The investigator must interview the accused individual to gather their version of events. It is vital to ensure they are treated fairly and aware of the allegations against them.
- Determine the Facts: Review all evidence and testimony to determine, on the balance of probabilities, whether the alleged conduct occurred.
- Take Action: Based on the findings, the employer must decide on the appropriate outcome, which may include disciplinary measures or mediation.
The role of the investigator
The investigator is the cornerstone of the process. Their job is to be an impartial fact-finder. They must be unbiased and have a deep understanding of procedural fairness.
An investigator must also understand the company’s specific policies and relevant employment laws to ensure the investigation does not expose the company to further legal risk.
What are the consequences of harassment?
Employee harassment and discrimination can have serious consequences for employers, including:
- Legal liability and lawsuits.
- Severe reputational damage.
- Loss of productivity and high staff turnover.
- A toxic workplace culture.
How to protect yourself if you are accused
If you are accused of harassment or discrimination, it is important to protect your rights.
- Understand Your Rights: You have the right to a fair process and, in many cases, a support person present during interviews.
- Cooperate: Participate in the investigation honestly. Refusing to cooperate can be viewed as misconduct in itself.
- Seek Advice: It is often wise to seek advice from a union representative or legal counsel.
Conclusion
Employee harassment and discrimination are serious issues that require immediate and professional attention. Workplace investigations are the most effective tool for uncovering the truth and resolving these complex situations.
By understanding the importance of fair investigations, employers can create a safer, more productive workplace for everyone.
Watch our video on this topic: Employee Harassment and Discrimination
Need Help with a Workplace Investigation?
Contact Jolasers for professional, independent advice on handling harassment and discrimination claims.
Telephone: 0418 101 164 (Stephen Oliver)
Common Questions
What is a protected status?
A protected status refers to characteristics protected by anti-discrimination laws, such as race, gender, age, disability, sexual orientation, and religion.
Who should investigate a complaint?
It depends on the severity. Minor issues can be handled by HR, but serious allegations or those involving senior management should be handled by an independent external investigator to ensure impartiality.
Can I be fired for an accusation?
You generally cannot be fired solely on an accusation. A fair process requires that the allegation be substantiated through an investigation before disciplinary action is taken.