Office Culture Corner

The Anatomy of a Harassment Complaint

The age-old proverb, “Knowledge is power,” resonated with me deeply in 2023. In EVOCrh’s second year of operation, I saw the importance of instilling company leaders with information to resolve workplace conflict independently. By understanding approaches to addressing harassment reports, executives can build a comprehensive framework for handling disputes and determine the proper course of action before starting a formal investigation.

Proper evaluation of harassment complaints is crucial to a healthy professional culture. In my mediation and business coaching experience, I have observed the uncertainty managers face regarding evaluating complaints when they arise.  By breaking down complaint analysis into actionable steps, complex interpersonal issues become manageable, and company leaders can build tools to address reports in a manner that works best for their business.              

The first step to evaluating a witness’ harassment statement is understanding the difference between reporting and filing official complaints. A report is a formal notification of discomfort to a colleague or supervisor verbally or via email. Reports usually come before the official channels of harassment policies. They are a valuable opportunity for managers to discuss the issue with the complainant and explore potential avenues.  Formal complaints generally follow the predetermined paperwork included in company policy. Complaint forms summarize the facts, the witnesses, and the discord suffered by the affected party. 

Before launching an investigation, managers should assess if a complaint is admissible under the criteria of harassment law. This criterion covers words, gestures, or behaviors that are:  

  • Vexatious                          
  • Repeated                      
  • Hostile (aggressive, threatening) or unwanted                        
  • Harm the dignity and physical or psychological integrity of the individual                     
  • Make the workplace harmful to the complainant                    

Referencing harassment law and your company’s official policy is crucial to determining if a complaint is admissible and deciding on the appropriate course of action. For example, a strained colleague relationship requires a different approach to a management dispute between an employee and her boss over a performance evaluation. When in doubt, I recommend seeking outside advice from an expert to decide the correct resolution method for the situation.              

If you decide a complaint is admissible after analyzing the report, it is vital to address it promptly. There are several factors to consider when approaching an outside investigation. External investigations can take several weeks or months. During the proceedings, rearranging workplaces may be necessary so conflicted parties avoid coming into contact during the investigation. The process involves questioning the parties and witnesses to validate facts and clarify what harassment occurred, the victim, and the culprit. Once investigations conclude, the next step for the employer is to put in motion the necessary actions to prevent the harmful behavior from repeating in the future. In more severe cases, the investigation may recommend compensation for the victim. Entering harassment investigations, companies should consider actions to protect their team members and promote productivity. The CNESST, Quebec’s Workplace Health, Safety, and Equity Standards Board, can receive complaints and facilitate businesses working through human resources and executive leadership disputes. While investigations require significant time and costs, they ensure employees feel supported and allow organizations to enact impactful change for a positive environment.            

Regardless of the company’s approach to resolving conflicts, managers benefit by understanding the value of mediation at any investigation stage. Employers can employ outside mediation as a resolution tool, whether as an alternative or as support to official inquiries. Expert-led mediation facilitates effective communication and helps businesses create safe environments centered on trust. In these spaces, the affected parties enter a supportive environment where they can discuss conflicts and work towards new ways of interacting. There are cases where mediation signals the need for an authorized harassment investigation. Starting with mediation empowers companies to explore their options and determine the best path forward through an informed perspective. By entering harassment complaints in a facilitated conversation, office leadership encourages cooperation in which the individuals can work together to correct offensive behavior. The more awareness organizations have of the available conflict resolution tools, the better they can mitigate the cost and stress of official investigations. Sharing my insights as a mediator and business coach into the harassment complaint process, I hope readers find encouragement to develop their professional knowledge further and take advantage of the available assistance in office disputes. Completing my certification as an accredited harassment investigator,  I look forward to providing bespoke support for businesses and executives to reconcile workplace struggles and cultivate cohesive professional environments.

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