HR’s Role in Workplace Investigations: Protecting Employee Rights and Ensuring Compliance

Investigations in a workplace are crucial in addressing various issues such as harassment, discrimination, workplace violence, fraud and theft. Human resource manager play a major role employee rights and responsibilities in ensuring they complaints are listened action is granted. This ensures that their employees are protected and their working environment is favourable. Defending and protecting employees’ rights helps reduce the turnover rate and the reputation of a company is protected. This paper focuses on a workplace situation involving harassment allegations. It will explore the investigations process, tools, policies and resources needed and impact of federal law on the investigations process.

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Workplace harassment investigations

Investigation process

Notification-once an incident is reported, the very first step is to notify the relevant parties which include the HR, the accused and the alleged victim. This is to ensure that no one is summoned without the knowledge of the accusations (Neall,et al,2021). it also allows the involved parties to prepare their defence.
Information Gathering- all the necessary information that can be useful is collected and used as evidence. This information includes statements and documents related to the harassment allegations. Tools like interview protocols, surveys and document review are used.
Interviews- an interview is conducted to parties involved, witnesses and any relevant document to the case.
Documentation- All the relevant information is recorded in details, findings and action is taken.
Analysis- all the collected information is evaluated to determine whether the incident of harassment occurred.
Reporting- the findings are presented to the relevant stakeholders while confidentiality is maintained.

Tools, policies and resources

Various tools, policies and resources that can be used in this investigation include;

Interview protocols– these are structured guidelines that help in conducting interviews based on the investigations being carried out (Rayner & Lewis, 2020).
Review of documents- this involves examination and review of relevant records provided and communications.
Confidentiality policies- the involved stakeholders are expected to clearly communicate confidentiality expectations.
Anti-harassment training– regular training is put in place to prevent and address workplace harassment.

Federal law- Title VII of the Civil Rights Act

Title VII of the civil rights act was put in place to protect employees and job applicants from discrimination based on their race, color, sex, nation origin and sex from the employers (Bloom, 2019). There are employer’s and employee’s rights within the context of a workplace investigation.

Employee Rights

Right to be free from harassment- according to the federal law title VII, it is illegal for an employee to face harassment based on their race, color, religion, nation origin and sex. Every employee has a right to equal treatment and involvement in their place of work.
Right to file a complaint- it is the right of every employee to file a complaint with equal employment opportunity commission in case they experience a certain type of harassment.

Employer rights

Right to investigate- employers are not restricted to conduct their own investigations to address workplace harassment. They should gather all the evidence to ensure justice is served.
Right to take corrective action-according to federal law title VII, if harassment is confirmed, employers have the responsibility to take appropriate action.

Critical information

Involved parties

Complainant- this is the employee reporting the harassment. They are the alleged victim.
Respondent- this is the person that has been reported to have performed the act of harassment considered as the alleged harasser (Brinsfield, & Edwards, 2020).
Witnesses- these are individuals with relevant information that could help in the investigations and decision making.

Timeframe

Prompt investigations- investigations should be conducted promptly to ensure swift resolutions. This will allow less time to solve the claims.

Objectives

Determining the validity of the claim- the involved stakeholders should access the validity of the claim by carrying out investigations.
Assuring a safe workplace- it is important to take step to ensure a safe working environment for the employees and ensure such situations do not happen again.

Emotional intelligence

Professionalism- it is important to maintain professionalism when dealing with sensitive issues such as harassment. One should have a good choice of words that will not injure the involved parties especially their emotional and mental state.
Empathy- empathy should be demonstrated toward the complainant while maintaining objectivity. The involved parties handling the situation should have the ability to understand and share feelings of another.

Confidentiality

Strict confidentiality should be maintained to protect the privacy of all parties involved. No one should get hold of the details if they are part of the investigative committee.

Neutral third party

A neutral third party is an external investigator who may be appointed to ensure impartiality. They carry their own confidential investigations on both parties and give their findings without supporting any party.

Potential outcomes

Some of the expected outcomes include;

Preventive measures– it is important for an organization to implement training and policies to reoccurrence of such incidents again.
Corrective actions– disciplinary measures should be taken against the harasser if found guilty of their actions. This will serve as a lesson to others.

Role of employee relation

HR who is considered as an employee advocate, some of the roles they play include;

Listening– it is important for the HR to listen to his employees and be a supportive and be a supportive resource (Duggan, et al, 2020).
Representation- they act as an advocate for employees in addressing workplace issues and ensure their needs are met.

Protecting the company

To protect the company reputation it is important for the involved stakeholders by ensuring compliance. They should respond to the issues and respond to them swiftly without any hindrances. They should also implement policies to mitigate risks that might ruin the reputation of the company.

In conclusion, workplace investigations are complex processes involving various steps and consideration. A decision cannot just be made without following various protocols and procedures. Federal laws, for example title VII play a significant role in aligning the rights of both the employees and employers. This has allowed independence on both parties and understanding. Also, HR acting as an employee advocate and protector of the company plays a crucial role in ensuring fair and through investigations. Emphasizing on the crucial values like confidentiality, emotional intelligence and neutral parties helps maintain integrity of the investigations.

References

Bloom, J. M. (2019). Class, race, and the civil rights movement. Indiana University Press.

Brinsfield, C. T., & Edwards, M. S. (2020). Employee voice and silence in organizational behavior. In Handbook of research on employee voice (pp. 103-120). Edward Elgar Publishing.

Duggan, J., Sherman, U., Carbery, R., & McDonnell, A. (2020). Algorithmic management and app‐work in the gig economy: A research agenda for employment relations and HRM. Human Resource Management Journal, 30(1), 114-132.

Neall, A. M., Li, Y., & Tuckey, M. R. (2021). Organizational justice and workplace bullying: Lessons learned from externally referred complaints and investigations. Societies, 11(4), 143.

Rayner, C., & Lewis, D. (2020). Managing workplace bullying: The role of policies. In Bullying and harassment in the workplace (pp. 497-519). CRC Press.