Misconduct allegations in the workplace vary from company to company and from industry to industry in terms of frequency and type. Specifically, workplace sexual harassment complaints seem to concentrate in certain industries. The U.S. Equal Employment Opportunity Commission (USEEOC) maintains data on the number of charges filed by industry. We should remember that while data is great, it never fully captures unreported claims or those that don’t reach the USEEOC level.
More importantly is the investigation process and the veracity of a claim. Did the event actually occur in the way the employee reported it? Was the claim investigated with fairness and competence? Was anyone coached on what to say? Let’s point out some observed behaviors that anyone who receives the complaint, should not do!
If you are a member of management or human resources (hr) tasked with taking the initial complaint, never offer an opinion in any way on any party or what may have happened. Don’t suggest any intent or attempt to explain an intent, in the early stage. Do not make any comments, no matter how benign. Don’t let your body language give away any frustrations or bias you may have. Let’s examine the behavior of one hr manager. The hr manager sits down to speak with an employee who is complaining about a supervisor’s conduct. Coincidentally, the supervisor is no stranger to the hr manager because of past questionable actions. As soon as the employee mentions the supervisor’s name, the hr manager rolls their eyes and lets out a heavy sigh. This type of response or worse, verbalizing thoughts, can blow up in your face.
Of course, in taking a verbal statement it’s reasonable to ask questions about witnesses, who else the employee may have shared with incident(s) with, etc. Outside of this, do not coach them on what to put in their written statement. It’s universally understood that obtaining a written statement from the reporting party is important early on. When asking the reporting employee to provide a written statement, recommend they stick to chronological order, write the statement in their own words, based on their memory of the incident or incident(s). Keep to the who, what, when, where, why and how guidelines. While this sounds simplistic, you’d be surprised at the number of challenges that exist in this one area.
Note: One technical piece of advice – Instruct persons to write their statement out in pen and tell them if they make an error, to draw a single line through it. This is important in using the later tool we’ll mention.
Seasoned professionals understand that a complaint can made with complete honesty and sincerity. There may be no ulterior motives involved. Take a look at a case one consultant encountered. The consultant was speaking to a female employee in a warehouse who said the hr manager was vulgar and if he continued, her husband was going to “kick his ass.” When asked how the hr manager was vulgar, the employee said, “He starts talking to me and says he’s making a deposit in my emotional bank account.” Most reading this would chuckle and feel it was a miscommunication. Being completely objective, however; we must take the complaint seriously and not rush to explain.
Paramount to investigating a complaint is the attempt to determine its validity. Many hr professionals have become quite adept and taking complaints, interviewing and reporting. In fact, some hr professionals have taken classes in forensic interviewing. This is an awesome advancement. If you’re in hr, please consider this. But what about bias? Bias still may creep in no matter who investigates. In certain circumstances you are obviously an employee advocate. Remember, you are investigating an incident and not advancing a cause. When investigating workplace misconduct, you must be neutral, so check yourself. If you don’t believe you can do so, here’s a challenge. Tell your leadership you recommend a third-party conduct the investigation. I know it’s difficult because it’s part of your duties but please don’t rule it out. Suppose you believe you can be neutral but a question of your independence may be put into question, then bring in an outside professional.
Most experienced investigators have learned that the truth of a complaint may be 50% valid, 30% subjective and yet another 20% inconclusive, etc. Sometimes, complaints are outright fabrications – they didn’t happen. To compliment investigations, we present to you a valuable tool known as forensic statement analysis or others refer to it as investigative discourse analysis. It is uniquely valuable at determining the veracity of a person’s complaint. It pulls out language provided by parties in their oral and written statements. It’s ideal for examining the written statement. The party writing the statement is under no pressure. They’re simply asked to write down what happened regarding a past event. No, it has nothing to do with a handwriting sample. It’s the examination of speech.
In cases of sexual harassment, it can be very revealing. For native English-speaking persons, certain rules of language apply. Is it 100% accurate? No; however, there are a number of cases where it is a revelation of determining truth vs. deception. One word alone can sway the entire sexual harassment complaint and add amazing clarity. Another group of words, can cement the writer’s credibility. When you are able to receive both a written statement from the reporting party and one from the accused, then the analysis is even better. You now have two pieces of data to review.
Forensic statement analysis has been used in law enforcement circles for years but the private sector has not fully realized its benefit. This is understandable as only a few instructors exist and they impart their knowledge to police departments. Criminal matters carry high stakes. What about CEOs in the news accused of inappropriate relationships? High profile media personalities, physicians, educators, a board member, etc. Although prison time is not necessarily a factor, ask the private sector if the stakes are high?
In workplace investigations, we may never completely know where the truth lies. So often they are inconclusive. Forensic statement analysis is a tool for us, so consider adding it to your core competencies. It requires a modest amount of training and follow up to stay sharp. If training is not available in your area, firms exist who conduct special investigations and have been trained in the discipline. It could be difference in identifying actual harassment or protecting the innocent.