Sexual Harassment Investigation Questions for Employers
A sexual harassment investigation determines whether conduct violated company policies, federal or state laws, or both. Employers are obligated to investigate any credible sexual harassment allegation, even if no formal complaint was filed.
Workplace Policies vs. Legal Requirements
Many companies have anti-harassment policies that define prohibited behavior and outline reporting procedures. Regardless of company policy, federal and state laws apply in every workplace. The Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964, which prohibits workplace harassment for employers with 15 or more employees. Some state laws extend these protections to smaller businesses or impose additional employer responsibilities, such as stricter reporting deadlines or mandatory documentation requirements.
When an Employer Must Conduct an Investigation
Employers cannot ignore potential harassment, even if no formal complaint has been made. If misconduct is reported, witnessed, or brought to management’s attention through a credible source, an investigation is necessary. Failing to act can allow harassment to continue, create liability, and harm workplace culture. Even if an allegation seems minor, gathering facts helps determine whether further action is needed. Employers are required to investigate alleged sexual harassment when:
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An employee submits a formal complaint.
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A manager or HR representative witnesses inappropriate behavior.
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A third party provides credible information about misconduct.
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Repeated complaints indicate a pattern of behavior.
Failing to investigate harassment allegations can result in liability, especially if the misconduct escalates or persists. Even if an employee does not file a complaint, an employer can still be held liable if they had reason to know about the behavior and failed to act.
Goals of an Investigation
Investigations driven by a clear purpose are more focused and effective than those without. Here are some examples of investigation goals you can set.
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Establish what happened by reviewing evidence and speaking with relevant parties.
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Determine whether workplace policies or laws were violated.
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Decide on appropriate action based on the findings.
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Prevent retaliation by reinforcing protections for those involved.
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Hold employees accountable by enforcing workplace standards.
Principles for Conducting Effective Interviews
Interviewing employees involved in a complaint is the best, and sometimes the only, way to establish the facts and assess whether sexual harassment occurred. Interviews determine what happened, who was involved, and whether the behavior violated company policies or laws. Carefully phrased questions lead to more accurate and detailed responses.
Purpose of Interviews in an Investigation
Interviews provide firsthand accounts and supporting details that help establish the facts of a situation. A properly conducted series of interviews can help employers:
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Verify key details based on direct observations and experiences.
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Identify contradictions or consistent patterns across statements.
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Allow all parties involved to explain their perspective.
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Gather relevant documentation or evidence.
Interview Best Practices
The effectiveness of an interview depends on the way questions are framed and how the conversation is conducted. A poorly conducted interview can lead to incomplete, misleading, or inconsistent information, weakening the investigation’s findings. Employers should create an environment where employees feel comfortable providing honest answers while keeping the focus on facts rather than assumptions or interpretations. Employers should:
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Ask open-ended questions to encourage detailed responses, rather than simple yes or no answers.
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Avoid leading or accusatory language that could influence responses.
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Focus on specific actions rather than assumptions or personal opinions.
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Maintain confidentiality as appropriate while explaining the investigative process.
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Document responses accurately and consistently to create a reliable record.
How the Right Questions Strengthen an Investigation
The quality of an investigation depends on the relevance and precision of the questions asked. Clear and precisely worded questions lead to clearer timelines, more reliable accounts, and stronger documentation, while vague or poorly framed questions can result in confusing or incomplete information.
The right questions help investigators:
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Uncover new details that might not have been included in a written complaint.
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Distinguish facts from assumptions by encouraging employees to recall specific actions and conversations.
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Identify patterns of behavior that may indicate repeated misconduct.
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Clarify inconsistencies by prompting employees to elaborate on key points.
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Produce legally sound documentation by creating a clear record of statements and evidence.
Questions for the Employee Making the Complaint
The first interview in an investigation is most frequently with the employee who reported the harassment. Their answers provide key details that shape the direction of the investigation. The goal is to gather specific, fact-based information about what happened, who was involved, and whether there is supporting evidence.
Here are some examples of questions employers should ask the reporting employee:
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What happened, and when did it occur?
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Where did this take place?
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Who else was present?
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How did you respond at the time?
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Has this happened before with this person or anyone else?
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Have you spoken to anyone about it?
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Do you have any documentation related to the situation (emails, messages, etc.)?
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How has this affected your ability to work?
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Have you avoided the accused employee because of this?
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Have workplace interactions changed since this happened?
Questions for the Employee Accused of Harassment
The accused employee needs to have the opportunity to respond to the complaint. Their answers help clarify what occurred, provide context for their actions, and address any discrepancies between their account and the reporting employee’s statements. The questions should focus on gathering facts, rather than making assumptions or implying guilt or blame.
Questions employers can ask accused employees are:
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Are you aware of the complaint?
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What is your relationship with the complainant?
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Can you describe any past interactions with them?
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Do you recall the specific event(s) mentioned?
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Were there any witnesses?
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What was your intent behind the words or actions in question?
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How do you believe the complainant interpreted your behavior?
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Have you ever received feedback or training related to harassment policies?
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Is there any evidence you believe should be considered?
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Have there been prior complaints about your behavior?
Questions for Witnesses
Witnesses can provide independent accounts that help verify details, clarify inconsistencies, or reveal additional information. Their statements may support or challenge claims made by the complainant or the accused employee. To gather useful information, interviewers should focus on what the witness directly observed, rather than opinions, assumptions, or information they heard from a third party.
Employers should ask witnesses:
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What did you see or hear?
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Where were you at the time?
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Did you notice anything unusual before or after the event?
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Did either party discuss the situation with you afterward?
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Have you observed similar interactions between these employees?
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Has anyone else mentioned concerns about the accused person's behavior?
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Are there emails, messages, or other documentation related to this situation?
Handling Inconsistent or Contradictory Statements
When different parties provide conflicting accounts, investigators have to clarify details without influencing responses. If statements don’t match, consider these follow-up strategies:
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Ask for specifics – Instead of general claims, request precise descriptions of actions, words, and timing.
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Compare statements with available evidence – Emails, messages, and security footage can help verify what happened.
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Check for past interactions – Look at prior workplace dynamics that could influence credibility.
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Document changes in statements – If a person’s version shifts over time, ask them to explain why.
Investigators should focus on factual details rather than personal impressions when resolving inconsistencies.
Questions to Ask When No Witnesses Are Available
When an investigation relies solely on the statements of the complainant and the accused, credibility needs to be assessed through detailed questioning and supporting evidence.
Ways to assess credibility when no witnesses are present:
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Get precise details – Ask each person to describe what happened, including wording, timing, and physical surroundings.
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Check for documentation – Work logs, emails, or prior reports may support one version of events.
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Ask about conversations after the event – Did either party mention the situation to coworkers or supervisors?
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Examine past interactions – Look for a history of disputes, favoritism, or other factors that might impact the claims.
If no external evidence is available, credibility should be based on factual details, not personal perceptions.
Mistakes Commonly Made in Harassment Investigations
Mistake: Asking Broad or Vague Questions
Questions like "Did anything inappropriate happen?" can lead to vague responses. Instead, ask about specific behaviors, words, or actions.
Mistake: Not Following Up on Contradictions
If statements don’t align, failing to ask follow-up questions can lead to gaps in the investigation. Seek clarification and document responses carefully.
Mistake: Allowing Bias to Influence the Process
Investigators should stick to the facts and avoid assumptions based on past behavior, relationships, or personal impressions.
Mistake: Failing to Document Responses Clearly
Investigations rely on strong documentation. Summarize responses accurately and include direct quotes when possible.
A structured, fact-based approach helps produce accurate findings that hold up under legal scrutiny.
Handling a Reluctant or Anxious Interviewee
Some employees hesitate to participate in a harassment investigation because they fear retaliation or feel uncomfortable discussing the situation. Investigators should take a calm, structured approach to encourage cooperation.
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Set the tone – Explain that the conversation is confidential and that retaliation is prohibited.
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Give them time – If an employee hesitates, allow silence to give them space to answer.
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Avoid pressuring responses – If they are unsure, ask them to share only what they directly recall.
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Provide neutral support – Offer the option of an HR representative or a trusted colleague to sit in if it helps them feel comfortable.
A clear and unbiased questioning process helps employees feel comfortable providing the information needed for a thorough investigation.
How Conn Maciel Carey Can Assist Employers
Investigating sexual harassment complaints requires precise questioning, adherence to employment laws, and structured methods that protect both employees and the organization. Conn Maciel Carey helps employers conduct investigations that uncover key facts, while meeting legal requirements and reducing litigation risks. Our team provides:
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Guidance on questioning strategies to help employers gather reliable, fact-based information.
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Legal oversight to confirm that investigations follow company policies and applicable employment laws.
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Training for HR and management on conducting fair, neutral interviews that avoid bias or legal pitfalls.
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Support in evaluating findings and determining appropriate responses based on the evidence.
Working with Conn Maciel Carey allows employers to handle investigations with confidence and protect their workplace from legal and reputational risks. Contact our team at (202) 715-6244 or by email to discuss how we can assist with sexual harassment investigations and compliance strategies.
This article is for informational purposes only and does not constitute legal advice. While we strive to ensure accuracy, laws and regulations may change, and unintended errors may occur. This content may not address every aspect of the relevant legal requirements. For guidance on your specific situation, consult your attorney.