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10 Tips for Effective Sexual Harassment Investigation

Nov 6, 2020 | Uncategorized

Sexual harassment is a pervasive problem in workplaces in the United States. According to a recent study, 1 in 3 women between the ages of 18-34 have been sexually harassed at work. Yet, 70% of women who have been harassed in the workplace do not report it to HR. During Sexual Assault Awareness Month, we wanted to shed light on this prevalent issue by sharing with HR professionals tips on conducting a sexual harassment investigation.

Identifying Sexual Harassment

Sexual harassment in the workplace isn’t always easy to spot. The American Association of University Women defines workplace sexual harassment as any “unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.” Sexual harassment can take the form of a sexual comment made in a meeting or an insinuating Facebook message from a co-worker.

Conducting an Effective Sexual Harassment Investigation

Prevention of harassing behavior is the ultimate objective. Effective and immediate intervention minimizes injury to the victim. It also sends a clear message that harassment is not tolerated.

Check out HR Hero’s 10 tips for conducting an effective sexual harassment investigation:

Promptly report the employee’s complaint: 

Supervisors should immediately report any complaint of sexual harassment to the HR department or any other individual identified as the person with ultimate responsibility for enforcing the company’s policies against unlawful harassment.

Promptly initiate the investigation: 

You may have all the right policies and your investigation may be thorough, but it’s difficult to argue that you take harassment complaints seriously if you wait two months to start an investigation. Initiate investigations immediately, and complete them as soon as possible.

Be familiar with EEOC guidelines: 

A favorite tactic of employees’ attorneys is to attack an employer’s investigation by showing how it fell short of the Equal Employment Opportunity Commission’s guidelines on how to conduct an effective inquiry into unlawful harassment. The guidelines include advice on how to reach credibility determinations, protective measures to take during the investigation, and specific questions to ask the victim, the accused and any witnesses.

Develop adequate documentation:

Document every investigation with the worst-case scenario in mind. Craft reports thoroughly and thoughtfully. Ideally, have witnesses sign the witness statements. When offering conclusions about a witness’ credibility, the investigator should set forth the objective basis for his or her determination.

Interview all potential witnesses: 

You should ask the victim to identify any witnesses who might have relevant information. Also, you should interview coworkers of the accused, who may be able to provide information about whether they have seen him or her engage in similar conduct. If coworkers have witnessed the alleged harasser engage in sexual harassing conduct in the past, it can have a huge impact on the outcome of the investigation.

Take interim remedial measures during the investigation:

Too often, employers focus only on which remedial measures to take after the investigation is complete. However, depending on the circumstances, you may need to take temporary remedial measures during an investigation. For example, you may want to separate the victim from the alleged harasser until the investigation is complete.

Take steps to avoid retaliation: 

Everyone concerned, including HR representatives, supervisors and managers, should be extremely sensitive to the rules prohibiting retaliation. In most cases, seemingly retaliatory conduct, committed by the accused or others, can lead to additional liability. Let everyone involved know you will not tolerate any form of unlawful harassment or retaliation.

Remember that confidential complaints still count: 

Every employer has probably confronted this problem at least once: An employee complains to a supervisor that a coworker engaged in inappropriate conduct but asks the supervisor to “keep it between us for now.” That’s usually because the employee fears retaliation. The supervisor should explain to the employee the company will do everything possible to keep the matter confidential. Though it faces legal liability if it doesn’t investigate every complaint. You shouldn’t promise absolute confidentiality but instead state your intent to provide confidentiality to the extent practical.

Avoid prejudging complaints: 

Until a claim is fully and carefully investigated, you shouldn’t form conclusions about guilt or innocence. Conduct a completely unbiased investigation. An individual who doesn’t immediately supervise or have a close relationship with anyone involved should conduct the investigation.

Be consistent: 

All complaints, even seemingly minor ones, should be investigated thoroughly, and similar incidents should result in similar discipline. One of the most common mistakes employers make is to protect a high-level executive, top producer or favored employee who has been accused of harassment while implementing more serious discipline against other employees accused of similar conduct. It is critical cases be treated alike, regardless of the relative “stature” of the parties involved.

A complaint of egregious contact requires thorough investigation. For tips and training on how to conduct sexual harassment investigations, contact your EFR Account Manager.

From coffee to soda to energy drinks, caffeine is a part of daily life for many of us. And while it is naturally occurring, overconsumption can cause health problems such as increased blood pressure, heart palpitations, anxiety, headaches, and insomnia. For this blog, we sat down with Susie Roberts, a Registered Dietitian to discuss all things caffeine—why it’s such a big part of our lives, how much of it is in the food items many people enjoy regularly, and how much is too much. We’ll also talk about current trends and tips on how to boost your energy naturally so you can stop relying on caffeine to keep you energized throughout the day.

Q: Just this morning, I heard someone say “I’m not caffeinated enough for this day!” It really is such a big part of our daily lives. Why do you think that is?
A: It’s not surprising at all to hear that! About 90% of American adults consume caffeine daily. People are looking for ways to boost their energy and increase alertness and caffeine is readily available and socially acceptable.

Q: So, what exactly is caffeine, and how does it work?
A: Caffeine is a natural stimulant that affects the central nervous system. After consumption, it’s absorbed into the bloodstream and travels to the brain, where it blocks the effects of adenosine—a chemical that promotes sleep. This interference helps you feel more alert and awake.

Caffeine typically reaches your brain within 15 minutes, peaks in the bloodstream at 30 to 120 minutes, and has a half-life of 3 to 7 hours.

Q: Everyone knows that coffee and many soft drinks contain caffeine. But where else can it be found? If we are consuming these beverages and other items, how can we know the amount of caffeine we are getting?
A: Energy drinks have become very popular—especially among young adults. These contain not only caffeine, but may also have added sugars, so it’s a double whammy. Chocolate and many varieties of tea also contain caffeine. You may also want to check out any nutrition supplements or medications you are taking. And, many people may not realize it, but even decaf coffee contains a certain amount of caffeine.

How Much Caffeine Am I Really Getting

Q: How much is too much when it comes to caffeine?
A: For most healthy adults, the FDA says up to 400 mg per day is safe. That’s about 4 cups of coffee. But you need to remember, that’s based on an 8 oz cup. Many people order an extra-large coffee, so you need to be aware of exactly how much you are taking in. Each individual reacts differently to caffeine based on their genetics, medications, and sleep habits.

How Much Is Too Much? Make Sure You Know Your Limits.

Q: What are the current trends in caffeine consumption?
A: As I mentioned before, energy drinks are increasing in popularity. They haven’t taken over coffee in the top spot, but Americans spent $19.2 billion on them in 2023 and that’s expected to rise to $33 billion by 2030. Coffee remains at the top, accounting for 69% of total caffeine intake, an increase of 15% in the last decade. And while the number of tea drinkers has dropped by 50%, those who drink it are consuming more.

Current Caffeine Consumption Trends.

Q: How can I be more aware about the amount of caffeine I’m getting?
A: Mindful consumption of caffeine is being intentional about what, when, and how much you consume. Track your intake and pay attention to any potential unwanted side effects like jitters or difficulty getting to sleep or staying asleep. Are you sleeping 6-8 hours a night and waking refreshed? If not, consider a “hard stop” 10 hours before your bedtime. Remember, that cup of coffee you had at 8 am can potentially still be in your system at 5 pm, so it’s important to time it right. And finally, if you decide you want to reduce your caffeine consumption, do it slowly to minimize any withdrawal symptoms such as headaches.

Be Mindful of Your Caffeine Consumption.

Q: Sometimes though, you need extra energy when you hit that afternoon slump. Can you suggest any alternative ways to get that boost and avoid turning to caffeine?
A: There are a few simple ways you can get that energy boost. First, make sure you are hydrated. Water supports joint health, oxygen delivery, temperature regulation, skin health, and more. You also want to move—even a short walk or stretch break can help. Make sure your meals are balanced with a protein and complex carbs. And most importantly, rest and recover. Sometimes rest—not more coffee—is what your body needs.

How Can I Boost My Energy Naturally.

Q: So, what are your final thoughts on caffeine?
A:  Caffeine can be part of a healthy lifestyle and may even offer some health benefits—but it’s all about balance and awareness. If you’re reaching for that third cup of coffee at 3 pm, pause and ask: Am I actually tired, hungry, or just in a habit? And then give one of the things we talked about a try, to get that energy boost naturally and see if that caffeine craving goes away.

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