What if one of your employees filed a harassment complaint against a co-worker or manager in your organization? This is a serious allegation, and you must handle it accordingly. Start by launching a workplace harassment investigations to uncover the truth. Recently, cases related to workplace harassment have been on the rise. If you mishandle the inquiry, it can expose your organization to multiple lawsuits and EEOC charges. More importantly, the organization’s reputation can also nosedive, which is certainly damaging.
As an employer, you carry a moral and legal duty to investigate the issue with utmost care and precision. As such, document every step to reach a proper outcome. How you conduct the overall investigation also matters, especially in an Oklahoma court.
In this blog, we will discuss how to proceed with an investigation and why it makes sense to bring in a licensed private investigator. If you want to protect your business, you need to take some crucial steps.
Table of Contents
Why Is It Necessary to Have a Proper Investigation in the First Place?
Like most employers, you should talk to the accused employee to understand the veracity of the claim. But that approach doesn’t really help. Title VII of the Civil Rights Act clearly states that you must take prompt and appropriate action once you become aware of any such harassment. Moreover, Oklahoma courts will look closely at your overall approach and response. They will check whether the action you took was reasonable or not. If you fail to take the necessary steps or document the findings, the complaining employee may file a lawsuit against your organization.
Keeping the bigger picture in mind, you will need to find ways to maintain the sanctity of the workplace. As such, a thorough and fair investigation becomes necessary. This action will also go a long way toward building trust and resolving issues before they escalate into something more challenging. Just for a change, think about the loss you are likely to incur in terms of productivity and revenue.
How is Workplace Harassment Defined under Oklahoma Law?
To be clear, Oklahoma does not necessarily have a standalone workplace harassment statute. As such, you have to rely on Title VII, the Oklahoma Anti-Discrimination Act, and, to a large extent, guidance from the U.S. Equal Employment Opportunity Commission. This is the protocol you follow when evaluating a complaint.
Generally speaking, harassment falls into two categories. Based on the specifics of the case, you will need to identify the type without delay.
- Quid Pro Quo Harassment – This happens when a supervisor entices an employee with added benefits like an extra raise or promotion by submitting to unwelcome conduct.
- Hostile Work Environment Harassment – It happens when a particular employee is targeted based on nationality, origin, physical disability, sex, and race. The situation becomes such that the affected individual is left with no other option but to look for alternate employment.
Make sure that you treat both categories with utmost seriousness. Otherwise, it might open up a Pandora’s Box, wherein you might end up incurring a significant liability.
How to Start an Investigation Once a Complaint Comes In?
Workplace harassment is not something that you can brush aside and keep under wraps. Once someone reports harassment, you have to move in quickly. There is no point in wasting precious time checking whether the complaint was made informally or through formal means. Any slight delay will suggest the organization is not really interested, giving opposing counsel a slight advantage.
Given the nature of the allegation, the best you can do is assign the investigation to someone neutral. Of course, you cannot assign the task to someone from the HR team. What if one of the staff has any preexisting relationship with both parties? This can make things genuinely tough. You can’t let an investigation be compromised from the start. This is where you can bring in a private investigator.
The investigator will ensure a detailed review. This will help you earn trust and remove any doubt about how the investigation is being conducted. Moreover, the investigator’s report will also hold up under legal scrutiny.
What Does the Actual Investigation Look Like?
When it comes to the actual investigation, there is a process involved. Well, it revolves around four core strategies:
- Be ready with all necessary documentation: In this step, you must obtain the original complaint. Also, look for any related emails, texts, HR files, and performance reviews. This will help you establish a clear timeline of events. To avoid loopholes, keep all relevant documents on hand.
- Interviews: Well, this forms the backbone of the entire investigation. First, you interview the person who made the complaint. Once you are done, call in the accused to get a clear picture and sequence of the events. Next, look for any potential witnesses named by either party. Conduct interviews by asking open- ended questions. Don’t make the mistake of leading the witness towards forming a predetermined conclusion. More importantly, put all the details in writing.
- Collect Potential Evidence: Instead of relying on contradictory statements, try to collect the necessary evidence. Any security footage, text messages, or social media activity will help you to confirm or contradict what the witness tells you. In investigations like these, experienced PIs know how to source and collect the evidence legally. This single act alone helps to preserve the integrity of the investigation during litigation.
- Proper Outcome: A lot of it depends on how you gathered everything. To reach an outcome, you have to make sure the book did everything. Most courts will look into how the evidence was sourced and gathered. After documenting your observation, you will communicate the conclusion to both parties. If needed, you can take steps or implement measures to improve the workplace environment.
When Should You Consider Bringing in an Outside Private Investigator?
Workplace harassment is not something you can handle by taking a few notes. This single incident, if not addressed properly, can negatively impact your organization. If allegations do come out and someone from the top brass is involved, bring in an outside investigator. When your internal HR team isn’t equipped to handle the case, calling an investigator is the right thing to do. If the allegations are indeed serious, they can escalate into litigation.
In that scenario, outside investigators provide the neutrality your staff needs. They also bring a fresh perspective that can help you reach a proper conclusion. With the investigator handling the case, at least you will know that the outcome is something that you can rely on.
What is the Primary Task of the Outside Investigator?
A 2026 report by HR Acuity revealed some astonishing numbers. The report revealed that workplace misconduct and harassment reached a seven-year high. It stated that 55% of employees witnessed or experienced misconduct. Now, you don’t want that in your organization?
There is a good reason to bring a private investigator into the process. They have the skills and techniques to help you with the investigation. Moreover, they are equally adept at preparing courtroom-ready documents that can withstand the rigors of opposing counsel. Because an independent, licensed third party prepares and documents the report, it will carry more weight. This adds an extra layer of credibility to the overall proceeding.
How Long Should You Pursue a Workplace Harassment Investigation?
Depending on the nature of the complaint, you should try to complete the workplace harassment investigations within three to four weeks. Of course, it will depend on the complexity of the allegations and the witnesses involved. You must also factor in how quickly you can access the relevant evidence. As discussed earlier in this post, never look for a quick closure. This could antagonize your other employees, and they may doubt the overall process. If you rush the investigation, you risk missing the key details and facts. At the same time, you cannot let the investigation drag on.
If the complaints are not addressed on time, it may create animosity in the organization, which will affect the overall productivity. Now, the company could end up losing clients and revenue because of something you could have addressed in time.
What is the Best Option for You Then?
To benefit the workplace, you should maintain clear communication. Start by informing both parties that you will conduct the investigation within a set timeline. Of course, it would be impossible to share specific details related to the progress you are making in the investigation. Also communicate to your other employees that the investigation is ongoing, as this will help maintain trust on both sides.
If any new evidence or a potential witness comes up, you must extend the investigation by a few more days. Document the specific reasons if there is any slight delay in the process. Everything must be in order, and you must maintain complete transparency throughout the investigation. This is necessary because other employees will be keenly interested in how the investigation is proceeding. Regardless of the outcome, you must show that the organization is serious and will never take such cases lightly.
How Does Mediation Fit into Overall Investigation?
Workplace harassment matters are never easy to handle. But somehow or the other, you will have to find a way out. So, how do you proceed from here? Likewise, you cannot resolve the issue through a formal disciplinary decision or by terminating the accused. When you have established the facts through investigation, give both parties a chance to reconcile through mediation. It offers both the complainant and the accused a chance to move forward, especially in cases resulting from miscommunication. On that front, Keefe Private Investigations offers mediation services for Edmond-area workplace disputes. Our primary objective is to help both parties settle the issue in a way that suits their interests.
However, make sure to complete the investigation beforehand. Mediation will only work when you have successfully established the facts and both parties are willing to negotiate. You cannot take sides at all costs.
If the Case Goes to Court- What is the Role of an Expert Witness then?
In case the investigation fails to resolve the dispute, and the matter reaches court, you will then need an expert witness. The witness will then speak on your behalf to enhance the credibility of the investigation. A qualified expert will explain to the judge how your company’s overall approach to the investigation was reasonable and how it met the existing parameters.
So, bringing in an investigator really helps in the long run. They will document the entire investigation correctly in a legally acceptable manner. In short, this is how you protect your business when the case turns into litigation.
How Can You Choose the Right Investigator for a Workplace Harassment Investigation?
For workplace harassment investigations, you will need to bring in a private investigator. However, there is one serious problem here. The issue is you don’t know where to start. Look for an investigator in Oklahoma City who is experienced in handling workplace-related matters. They will bring in all their expertise to produce documentation that will hold up in legal proceedings. Make sure you understand the confidentiality protocols. You will never want any leaks during the active investigation. This will cause irreparable damage to the original complaint.
Investigators will always safeguard the investigation and your interests. They will also ensure every aspect of the investigation complies with legal formalities.
Why Choose Keefe Private Investigations?
At Keefe Private Investigations, we understand what you need when addressing workplace harassment-related complaints. We also understand that they can be challenging. With us, you will get a completely unbiased, neutral process that will help you find the truth. Our team of professionals knows how to gather evidence and conduct interviews to support the investigation. We will also work to safeguard and protect the company while treating all employees fairly.
If your organization is facing a similar workplace harassment issue, feel free to contact Keefe Private Investigations. You can reach us by calling (405) 435-8355 to discuss. Accordingly, we will guide your company on how to handle the situation in the best possible way.
