As a manager, taking a sexual harassment complaint can be one of the most important legal jobs that you are ever do. A specific method is required to insure that the company does not incur unnecessary liability.
It's not easy to take a sexual harassment complaint but when the situation arises every manager and supervisor needs to be prepared. The complainant is in an emotionally drained state when they arrive at your desk. They are nervous and have put a great deal of thought into the situation. They are going to expect to be listened to, they expect empathy and they expect follow-up. How managers handle this sensitive moment may determine if a lawsuit if filed in the future.
If possible, have a silent witness present who can take notes. This third party can then read their notes at the end of the meeting and have both the manager and the employee agree on their accuracy.
First of all, let the complainant release their emotion. They should be allowed to run down their entire story without interruption. Nod your head and don't avert your eyes. They need to know that you are listening. Letting them tell the entire story allows them to give every detail in their own words without any inadvertent leading by the manager. It also allows the manager to be objective.
Next, ask them questions to confirm the timeline. You want to know the exact sequence of events. This will also help you ensure the accuracy of the story. After this is finished read the entire sequence of events from your notes stopping and taking more notes to make sure you have the entire story in their words.
Lastly, have the silent party read their notes to both of you. Once both of you have have agreed on the accuracy of the notes, the initial meeting is over and you can schedule a meeting with the accused employee or refer the entire situation to human resources or your legal department. At the very least, Human Resources should be consulted.
Sexual Harassment complaints are very sensitive territory. Make sure that all managers are trained on the subject and always consult the legal department when determining policy.
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