Effective Date: October 06, 2009
Expiration Date: February 20, 2019
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B.1 The information contained in this appendix is excerpted from U.S. Equal Employment Opportunity Commission, Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors (June 18, 1999).5
B.2 When detailed fact-finding is necessary, the Fact Finder should interview the alleged harassee, the alleged harasser, and third parties who could reasonably be expected to have relevant information. Information relating to the personal lives of the parties outside the workplace would be relevant only in unusual circumstances. When interviewing the parties and witnesses, the Fact Finder should refrain from offering his or her opinion. The following are examples of questions that may be appropriate to ask the parties and potential witnesses. Any actual fact-finding should be tailored to the particular facts.
B.3 Questions to Ask the Alleged Harassee:
B.3.1 Who, what, when, where, and how: Who committed the alleged harassment? What exactly occurred or was said? When did it occur and is it still ongoing? Where did it occur? How often did it occur? How did it affect you?
B.3.2 How did you react? What response did you make when the incident(s) occurred or afterwards?
B.3.3 Are there any persons who have relevant information? Was anyone present when the alleged harassment occurred? Did you tell anyone about it? Did anyone see you immediately after the alleged harassment?
B.3.4 Did the person who you believe harassed you harass anyone else at that time? Do you know whether anyone complained about harassment by that person?
B.3.5 Are there any notes, physical evidence, or other documentation regarding the incident(s)?
B.3.6 How would you like to see the situation resolved?
B.3.7 Do you know of any other relevant information?
B.4 Questions to Ask the Alleged Harasser:
B.4.1 What is your response to the allegations? If you disagree with the facts related, give us your recollection of the who, what, when, where, and how for the alleged event(s).
B.4.2 Are there any persons who have relevant information?
B.4.3 Are there any notes, physical evidence, or other documentation regarding the incident(s)?
B.4.4 Do you know of any other relevant information?
B.5 Questions to Ask Third Parties:
B.5.1 What did you see or hear? When did this occur? Describe the alleged harasser's behavior toward the harassee and toward others in the workplace.
B.5.2 What did the harassee tell you? When did she/he tell you this?
B.5.3 Do you know of any other relevant information?
B.5.4 Are there other persons who have relevant information?
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