Promptness is an element of the defense, and delay is the most common failure.
Esshaki Legal Media TeamCurrent as of July 2024
When an employee raises a complaint of harassment or discrimination, the
timeliness of the response is itself assessed.
Acknowledge immediately. Within a day, in writing, with the name of the
person handling it and an outline of what will happen.
Interim measures. Consider separation of the parties without disadvantaging
the complainant — moving the complainant is frequently treated as retaliation.
Suspension with pay pending investigation is an option for serious allegations.
Investigate promptly. Days to a few weeks for most matters. An investigation
that takes months without explanation undermines the employer’s position
regardless of its conclusion.
Scope proportionately. A single-witness dispute does not require the process
appropriate to a systemic allegation, but every complaint requires interviewing
the complainant, the respondent and identified witnesses, and reviewing
available documents.
Impartiality. The investigator must not report to the respondent or have a
stake in the outcome. For senior respondents, external investigation is usually
necessary.
Conclusion and communication. A finding on each allegation, action taken
where warranted, and communication to both parties that the matter was
investigated and addressed.
Follow-up. Check in with the complainant after a period to confirm the
conduct has ceased and no retaliation has occurred, and record it.