How to investigate sexual harassment allegations
                     How to Investigate 
Sexual Harassment 
Allegations?
Mounting Concern
While some suggest HR must choose sides—the 
employer or the employee—many practitioners don’t 
believe the two are mutually exclusive. 
It is believed that HR’s role is to protect the 
organization. But that being said, especially in 
sexual harassment situations, the best way that HR 
can protect the company is to make sure they find 
out what’s going on and remove any people from 
the workforce who are doing this. So, protecting the 
employees is really protecting the company.
The Challenge
Investigating sexual harassment complaints can be 
particularly challenging.
In most situations, it’s not about sex, it’s about an 
abuse of power. So, it’s very difficult for someone 
new to a job or in a low-level position to report 
harassment, It’s not just that they’re afraid of 
coming to HR. They’re afraid of the consequences. 
That’s why it’s important to be sensitive to the 
individual’s turmoil. Then determine whether it’s 
necessary to take steps to protect the individual’s 
physical safety and to block any retaliation. 
All sexual harassment allegations should be 
investigated, although some inquiries will be more 
extensive than others. 
Make a Plan
One of the biggest mistakes HR makes is failing to 
create an investigative plan before diving into 
interviews
The first step is to determine the scope of the 
investigation, she says. What is the main question 
the investigator wants to answer?
Other questions to address in the plan include:
 Who will investigate? 
 What evidence needs to be collected?
 Who will be interviewed?
Stay Neutral
From the beginning, the investigator should maintain 
a neutral, objective demeanour.
It’s important not to label the parties as ‘victim’ and 
‘harasser, as that creates the appearance—and a 
very real possibility—of a predetermined resolution. 
If you go into this thinking this person is a victim, 
there’s a very good possibility that your 
investigatory questions are going to be swayed and 
not be as objective as needed to make a decision.
Investigate
Some basic steps for every investigation include the 
following:
 Prepare interview questions in advance.
 Gather evidence that might support or negate the 
complaint.
 Check past performance evaluations and prior 
complaints.
 Document every step.
 Encourage confidentiality, but don’t mandate it.
Make a Decision
Ultimately you'll need to decide whether a company 
policy was violated or inappropriate conduct 
occurred and recommend a course of action to the 
decision-maker.
Inexperienced investigators may find it difficult to 
reach a decision because they don’t understand that 
they’re not running a criminal case where the 
standard for evidence is beyond a reasonable 
doubt.
Here, the standard is preponderance of the 
evidence.
Write a Report
The goal is to produce an appropriate fact-finding 
document or report. It’s better to do it right than to 
just get through it and have some sort of public 
punishment.
If the allegations are supported, the employer should 
take immediate and appropriate corrective action, 
which could range from a written reprimand to 
termination of employment depending on the 
severity and frequency of the misconduct, experts 
say. 
Make sure high-level employees are given the 
same treatment as low-level employees for 
similar conduct.
As we are faced with various discrimination and/or 
harassment issues facing our organizations, paying 
close attention to the above will help us be more 
effective as human resources professionals.  Be 
aware, be safe, ensure POSH Compliance.
For more information visit: 
https://www.mud.co.in/posh/
Thank You!