Investigating Harassment Claims

Speaking with People is What’s Necessary for Most Every Harassment Case

The #MeToo movement created ripple effects for work environments of all sizes. We’re still called upon by clients to investigate harassment allegations at workplaces involving individuals who have little to no public record of misconduct. One scenario is when a woman accuses her former boss of being a predator. She leaves the job and then files a lawsuit. That’s where we come in, the client’s lawyer asks us to understand more about the former boss.

While some of those who fell during the #MeToo era had a documented trail of complaints behind them, others did not. A basic database or public records search wouldn’t have uncovered much. Some were even publicly celebrated for supporting women’s causes. So, where to dig when the usual sources come up empty?

One of the best approaches is the most traditional – talk to people.

We identify contacts beyond current colleagues – the folks that the boss was formerly connected to. Those may be personal assistants, secretaries, nannies, drivers, doormen, and recently departed employees. When people can speak confidentially and they understand that it may serve a public good, like eradicating a toxic person from attaining more power, often they’ll open up.

Technology is another crucial element. All of us carry more evidence than we think we do – text messages, emails, voicemails, or other digital trails can be useful in supporting or rebutting claims. Often, our job is helping someone revisit their online archive with fresh eyes. (We continue to be amazed by the things that people put into writing, especially with text messages and emails. People may not remember everything, but iCloud certainly does. And human sources can be convinced to share that information in these cases.)

Whether investigating workplace harassment or anything else, investigations should not rely on a single source. We’re looking for patterns of behavior not to negate one person’s account, but to give a client context and a sense of how a subject may operate. Research shows that predation tends to be deeply rooted and repeated, all the more reason to search broadly and carefully.

The future of such investigations in the #MeToo era continues to increase because healthy environments are taken more and more seriously. The elements of investigating these cases – diligence, empathy, and thoroughness – continue to be crucial.

Call for a free consultation at 415-905-0462.