Investigating workplace incidents, such as sexual harassment claims, remotely can prove challenging. But with preparation, secure tools, and detailed notes, remote investigations are possible. Review these helpful tips on how to perform employee incident investigations from Giovanni Gallo, co-CEO of ComplianceLine.
As the COVID-19 health crisis stretches into its eighth month, many workers are redesigning their day-to-day routines. Remote work is in, and it appears that it may be here for the long term. Tech giants like Facebook and Twitter have already made the shift to remote work permanent, and Tobi Lutke, CEO of Shopify, has declaredOpens a new window that “[o]ffice centricity is over.â€
The remote working environment means bigger changes than simply no more commuting and an increase in Zoom meetings.
For HR professionals, it means changing the way our job operates, particularly regarding issues like sexual harassment claims in the workplace. While our responsibility to investigate claims promptly still stands even as we shift to a remote workplace, incidents of harassment may present in new forms.
An employee may be exposed to nudity (intentionally or unintentionally) during a Zoom call, or a co-worker could send sexually suggestive messages or images through team chat. With these new digital obstacles, it’s essential to establish and know company policies regarding online harassment.
How can you investigate claims of sexual misconduct in a post-COVID world? Here are a few helpful tips.
Should You Investigate Sexual Harassment Claims Remotely? And How?
If you receive an alert of employee sexual misconduct, it is your responsibility to investigate the claim. However, the current circumstances have muddied the waters regarding workplace investigations. Is the claim so serious that it warrants risking your health to investigate? Is it better (or even possible) to investigate the claim remotely?
Employers should keep in mind that they are legally obligated to look into instances of harassment promptly. If it is possible to investigate a claim remotely, this is likely your best course of action, as a quick review of the claim will likely yield the most accurate result.
1. Determine who should conduct the investigation
Once you’ve determined that you will move forward with a remote investigation of a sexual harassment claim, you will need to appoint an investigating officer. This individual should be impartial, trained in conducting a fair investigation, and equipped with enough time to thoroughly complete the process. It’s best to choose someone from your HR team (but they must be impartial) as your investigating officer, as they will have the knowledge required to complete the job successfully.
If you do not have an impartial HR member to work on this investigation, it’s also possible to hire a third-party vendor. These individuals can be an asset to an investigation, as they have no employer bias and will not be part of the team after the investigation ends. Workers may feel more comfortable sharing the details of an incident with someone they don’t have to see around the office (or on Zoom) later.
Learn More: How HR Can Manage the Evolving Data Privacy Landscape
2. Plan ahead and respond promptly to sexual misconduct claims
Your company likely has a written policy in place regarding workplace investigations. Whether your company is investigating in-house or through a third-party vendor, your first task is to review that policy. It is vital to understand precisely how your company handles sexual harassment incidents so you can ensure a fair and compliant investigation.
Next, take the time to plan out the investigation. Know precisely whom you need to interview, what evidence you need to gather (such as interview notes or any incriminating or suspect emails, text messages, images, social media posts, or chat platform screenshots), and to whom you need to report. This will prevent you from missing key steps or forgetting essential pieces of evidence.
Finally, it is crucial that you respond to a claim promptly. Slow or delayed investigations can result in incomplete evidence or biased or untruthful interviews – ultimately resulting in an unfair decision.
3. Ensure confidentiality with remote investigations
Confidentiality is critical in workplace investigations. Your employees need to feel safe and protected during this time, so they can give you honest information and evidence to help you discern the truth. Guaranteeing this kind of confidentiality is difficult during any investigation, but remote work challenges can make confidentiality feel nearly impossible.
Ensure that any tools you use for remote data collection (including notes from interviews) are fully secure. Files should not be accessible to anyone outside the investigation – and even those involved should only have access to information that concerns them. This can be challenging, but some software programs enable you to encrypt emails and other files to keep everything private.
4. Conduct a professional interview
Now you’re prepared to conduct the investigation. You’ve planned out each step of the process, obtained software to keep your data secure, and done all preliminary research on your company’s investigation policies. It’s time to begin your first interview – a daunting task, given the limitations of remote work.
The first thing to remember is that confidentiality is vital. Make sure your interview takes place in a private video chat or on a secure phone line. This will help calm your interviewee’s nerves and ensure a more productive interview.
It is also essential to keep things as professional as possible. Dress as you would for an in-office interview, and make sure you conduct the interview in a quiet area (this means having no kids doing their distance learning in the background).
5. Remind employees of recording policies
When you’re conducting a digital interview (for example, a video chat), there is always a risk that your discussion will be recorded. Employees can record their screens during interviews, often without the interviewer’s knowledge.
While this may seem like a way for the employee to protect themselves, it is often against company policy, as most companies don’t allow recordings at investigation meetings. It is important to remind your interviewees of these policies and ensure that there is no recording of your interviews.
6. Keep notes and records of files
While you cannot record harassment investigation interviews, it is paramount that the investigation officer takes copious and thorough notes throughout the process. Ensure that you keep records of everything that happens in the investigation, from data you receive to meetings you have with employees.
Keep this information secure (ideally in an encrypted file or cloud storage system), but make sure you never miss an opportunity to take something down. These notes can make all the difference in your sexual harassment investigation.
7. Present findings and take appropriate action
Once you’ve collected evidence and conducted interviews, it is time to present your findings to a review board. This can happen remotely via video chat or through a written report (ideally both) – though again, these need to be carefully secured in encrypted and protected files. This information should be thorough enough to help the review board make a decision swiftly and with confidence.
Learn More: What Is HR Compliance? Definition, Checklist, Best Practices, and Key Issues
Prioritize Security in a Remote Investigation
Conducting a harassment investigation remotely may seem like a challenge, but it is possible with a few slight adjustments. With the help of some digital security software – or a third-party investigation vendor – you can give your employees the confidence and security they need to ensure an honest and thorough investigation. In this way, you can guarantee that your employees enjoy a safe working environment, even when they are working at home.
Which best practices have you followed to investigate workplace incidents remotely? Tell us on LinkedInOpens a new window , TwitterOpens a new window , or Facebook.Opens a new window