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ARTICLE · 02 FEBRUARY 2014

Assessing Credibility While Conducting Harassment Investigations

Employee Jones tells Human Resources that employee Smith has been making sexually offensive comments at work. Jones provides dates and details.

United StatesEmployment and HR

Employee Jones tells Human Resources that employee Smith has been making sexually offensive comments at work. Jones provides dates and details. Human Resources interviews Smith, who says Jones is making up the story and categorically denies making any offensive comments at work. Jones's complaint has suddenly turned into a classic he-said she-said scenario.

If you ever find yourself charged with investigating a workplace complaint and you encounter a similar scenario, what do you do? Do you conclude there is insufficient evidence to support the allegations? In some investigations that may be the final outcome, but simply because Jones and Smith have diametrically opposed stories, do not automatically jump to that conclusion that conflicting stories means insufficient evidence to support the allegations. Instead, in order to satisfy your obligation to conduct a thorough, good faith investigation, we recommend trying to decide who is telling the truth when you get

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