Choosing the wrong person to investigate a sex harassment allegation?

What happens to a Florida employer that makes the mistake of tasking the wrong person to conduct an investigation of sexual harassment?

A recent case should help Florida businesses and HR professionals answer this question.

Tracie worked in a predominantly male workplace, and at time was the only female employee. After a series of incidents where a male co-worker inappropriately touched her, she reported these incidents as well as the problematic commentary of her superior. Specifically, she alleged that her supervisor recently asked her if she liked to masturbate while performing her job duties. The employer responded to the female employee’s complaint, by appointing the same male supervisor that she had just complained about to investigate the complaint.

The female employee and her union representative requested the investigation be conducted by a neutral outside party. Despite these concerns, the employer insisted the investigation would be conducted by the supervisor who made the masturbation comment.

The supervisor who conducted the investigation performed a voluminous six-week investigation into the claims against the co-worker who was alleged to have inappropriately touched the female employee. However, the female employee complained that the investigation was not even-handed, sought to protect her male co-worker, and the employer as a whole, failed to look into questions of an employer-wide culture of harassment, and treated the female employee with hostility. For instance, she alleged that the investigator failed to include in his report that he himself had observed the male co-worker make sexual comments, jokes, and remarks. Also, the investigator avoided asking witnesses, the female’s peers, if they had observed sexual behaviors within the workplace. The investigator blurred his intent when interviewing a citizen who interacted with the female employee immediately following one alleged inappropriate incident, stating “it was important to me not to damage our image any more than it was.”

The investigator omitted from the investigative report that he male co-worker admitted he may have had an erection during his interactions with the female employee, stating “[h]e's a man. You can have an erection every day.”

After the investigator concluded the six-week investigation and issued a 36-page report with his findings and conclusions, he determined of the twelve interactions the female employee reported, only one could be substantiated. The investigator determined the male co-worker had violated internal employment rules regarding conduct unbecoming department personnel, but found no proof of sexual harassment. 

You can find out what happened and read the entire article for free at Choosing the wrong person to investigate a sex harassment allegation?