The Crucial Step Workplace & School Investigations Miss
Consider a hypothetical:
A woman alleges that her boss has sexually harassed her. HR asks outside legal counsel to conduct an investigation. The attorneys interview the parties and witnesses, read emails and texts, and ultimately determine that yes, the evidence indicates the boss did sexually harass the woman under the terms of Title VII.
The attorneys give their recommendations and collect their money. The business forces the resignation of the Harasser Boss, usually including a non-disclosure agreement and promise not to sue the business in exchange for a hefty “walk away” sum.
Perhaps a joint statement is drawn up, in the spirit of Gwyneth Paltrow and Chris Martin’s “conscious uncoupling.”
Everyone returns to their regularly scheduled programming.
This is the pivotal moment - the fork in the road - when attorneys and human resources professionals miss a crucial step that can dictate the trajectory of the organization and of individuals’ careers.
Harassment and discrimination does not happen in a vacuum. It is almost always treated as an interpersonal problem between two people, but in reality, harassment and discrimination is also a reflection of a dysfunctioning system.
Because attorneys and HR professionals are trained to spot the legal issue in front of them, they almost always overlook - or patently ignore - the larger context and system in which the harassment occurred.
This is why the problem doesn’t go away with the removal of the Harassing Boss. That’s a good start, but it’s a start. Not the end.
Your work has just begun.
The Harassing Boss didn’t start sexually harassing his female Target yesterday. He’s likely been doing it for months or years, in a work environment that enabled him to exert his will or cross boundaries. Research shows that most harassers are habitual, and are usually on their fourth or fifth target by the time someone speaks up.
How does the Target’s career become rehabilitated after toiling for so long in a harassing environment? Even with the Harasser removed, it is likely that his “ghost” or presence will be felt by the team and the Target for years to come.
Even if the Harasser is removed from the workplace, the Target frequently expresses distrust for her remaining teammates, believing that they enabled, ignored, or covered up the harassment.
Further, the Target may experience reduced mental well-being and may now be considered a “boat rocker” or “troublemaker,” which further impedes career growth.
Rehabilitating the Target’s career, re-building trust amongst the team, and re-assessing the workplace culture that enabled this behavior (perhaps through revised procedures, training, or restorative circles) is tantamount to truly moving on.
We have seen this play out in our own workplaces and schools, and the clients we work for.
That’s why Imprint Legal Group brings together attorneys and experts in systemic racism, sexism, and ableism to conduct investigations that address both the interpersonal relationship and the system in which the relationship functioned.
Imprint Legal Group investigates complaints of discrimination or harassment based on protected class (race, sex, gender identity, sexual orientation, national origin, color, disability, veteran status) for businesses and schools. To discuss any questions about your particular situation or training opportunities, contact: hello@imprintlegalgroup.com.
All posts of Imprint Legal Group and its authors are intended as information, not legal advice. This information is valid as of December 2023.
