"We Need More Time to Investigate":
Employers may use indefinite delays to avoid taking action.
Counter-Strategies:
- Request specific timeline for investigation completion
- Ask for written updates on investigation progress
- Reference company policy deadlines for complaint resolution
- Document continued harassment during extended investigation
- Set reasonable deadline for completion and communicate consequences
Evidence to Maintain:
- Email requests for timeline updates
- Documentation of continued harassment during delays
- Records of promises made about investigation completion
- Comparative evidence of how other complaints were handled
- Impact documentation showing harm from investigation delays
Inadequate Investigation Tactics
"We Interviewed Everyone and Found No Evidence":
Employers may conduct superficial investigations designed to find no wrongdoing.
Counter-Strategies:
- Request detailed information about investigation procedures
- Provide specific witness questions and evidence for investigation
- Ask for written summary of investigation findings and basis
- Point out evidence or witnesses that weren't considered
- Request re-investigation if process was inadequate
Investigation Quality Checklist:
- Were all named witnesses actually interviewed?
- Were appropriate questions asked based on your complaint?
- Was physical evidence examined and preserved?
- Were investigation interviews documented?
- Did investigators have appropriate training and impartiality?
- Were investigation findings based on credible evidence?
Victim Blaming and Minimization
"You're Being Too Sensitive" or "It Was Just a Misunderstanding":
HR may try to minimize harassment or blame you for creating problems.
Counter-Strategies:
- Reference specific company policies that were violated
- Emphasize legal standards rather than personal sensitivity
- Provide objective evidence of harassment (emails, witnesses, documents)
- Compare treatment to how similar situations were handled
- Request specific explanation of why behavior was acceptable
Documentation Focus:
- Records of HR minimizing or dismissing your concerns
- Comparative evidence of how other complaints were treated
- Company policy language that contradicts HR response
- Witness statements supporting your interpretation of events
- Expert or professional standards supporting your position
Retaliation Through Investigation Process
Using Investigation as Punishment:
Employers may use investigation process to retaliate against complainants.
Warning Signs:
- Public disclosure of your complaint or investigation participation
- Isolation from coworkers or exclusion from workplace activities
- Negative performance reviews or increased scrutiny during investigation
- Changes in job duties or working conditions
- Pressure to drop complaint or accept inadequate resolution
Protection Strategies:
- Request confidentiality protections during investigation
- Document any changes in treatment after filing complaint
- Continue performing job duties professionally
- Report retaliation to HR and external agencies
- Maintain detailed records of all retaliation incidents