Step I: Interview Victim - What needs to be done is to thoroughly investigate the claim and take appropriate action.  First start with interviewing the victim. The details are important, so try to get the dates and times of the incidents. Ask for any witnesses to the incident (s) and most important of all ask the victim if she has anyone that she would like you to talk with. The victim will tell others of the encounters and their input can help in the investigation.

Step II: Confidentiality - The crucial part to any investigation is confidentiality.  The harasser needs to be notified that a claim has been made against him, but he does not have the right to know who made the claim. Interview the harasser in the same way you interviewed the victim. Get the details, any witnesses and anyone that the harasser feels you should talk with. Be as thorough as you can without letting the whole office know about the investigation.

Step III: Interview Witnesses - The next step is to interview the witnesses and non-witnesses that the victim and the harasser gave you. The location of the interviews is important, a neutral location, away from the office will help keep the investigation quite and motivate the all parties involved to open-up to the interviewer. An empathetic, trained third party is important. Knowing what to ask, as well as, how to ask the right questions are important in finding out the truth to the claim. If the claim is investigated poorly the victim is more likely to go to court and the courts are more likely to increase the damages to be paid. If a third party is not available then keep this in mind, be objective and do not form any opinions. Only write down what the people are saying. The notes can be used in court if the victim wants to pursue the matter further. If you write a comment in the notes think of how that comment will sound to a jury two years later.

Step IV: Summarize - The investigation has come to an end and it is time to reach a conclusion. Summarize the evidence and decide whether the claim is legitimate. If the claim is legitimate then appropriate disciplinary action needs to take place. Appropriate types of action are separations of employees; training programs on sexual harassment; reiterate the policy; counseling; written reprimand to be placed in the personnel file; suspension and termination. The discipline should fit the severity of the incident. Inform the victim of the outcome of the investigation, but do not tell the victim the disciplinary action that will take place. They do not have the right to know the disciplinary action, only that the claim has been investigated to the best of the ability of the company.

Employers beware if a sexual harassment incident has occurred in the company, by any of your employees, the employer is held liable. If the victim is satisfied with the original investigation the complaint will not be taken to court. This it is so important to investigate sexual harassment claims properly.