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We have recently had an external investigation for a harassement complaint. Since the investigation, the complainant has felt that a couple coworkers (not the respondents in the case but witnesses called to testify) have been retaliating against her by overtly ignoring, excluding and rude/cold interactions. The complainant has brought this forward to us. What is the best way to proceed in this case? Should we have the retaliators in for a written warning? What is your advice?
Here are some recommended actions to take based on best practices:
1. Acknowledge and Take the Complaint Seriously
The first and most important step is to formally acknowledge the complaint from the complainant and thank her for bringing it forward. Emphasize that retaliation of any form is strictly prohibited under your organizational policy and applicable employment and human rights legislation (e.g., in BC or Canada more broadly, retaliation is prohibited under both the Human Rights Code and Occupational Health and Safety regulations).2. Assess the Nature and Evidence of the Retaliation
Before issuing disciplinary measures, conduct a preliminary assessment of:-Specific behaviors reported (dates, incidents, people involved)
-Context of those interactions (e.g., are there patterns, was there intent?)
-Any supporting documentation or witness observations
-Whether these behaviors violate your anti-retaliation or respectful workplace policies
Even if the alleged behaviors seem “subtle” (e.g., coldness, exclusion), they may still qualify as retaliatory if they can be shown to negatively impact the complainant’s work environment because she participated in the investigation process.
3. Interview the Alleged Retaliators
Call the named individuals in for a confidential meeting. This is not yet a disciplinary step, but an opportunity to:-Inform them of the concern (without disclosing confidential details)
-Remind them that retaliation is a serious matter and is grounds for discipline
-Ask them to provide their side of the story
-Reiterate expected workplace conduct going forward
Avoid rushing to a written warning unless you’ve substantiated that retaliation likely occurred and that the individuals had reason to know that their behavior would be perceived as punitive.
4. Take Proportionate Corrective Action
If the facts support that retaliation occurred, a written warning may be appropriate, especially if:-The behavior was intentional
-The individuals had been previously warned
-The impact on the complainant was significant
In less clear-cut cases, a verbal warning documented internally and a reiteration of expectations may suffice. Also consider:
-Mediation or facilitated dialogue, if appropriate and safe
-Monitoring the situation, including checking in with the complainant regularly
5. Follow Up and Document Everything
Keep detailed, confidential records of:-The complaint
-Any interviews held
-Outcomes and decisions made
-Communicate to the complainant what actions were taken (in general terms, maintaining confidentiality of others)
Make clear that retaliation is being taken seriously and that she should continue to report any concerns.
6. Reinforce Organizational Culture and Training
This case highlights the need for:Refresher training on harassment, retaliation, and respectful workplace behavior
Clear internal policies that outline:
-What retaliation is
-How it will be addressed
-Everyone’s responsibilities post-investigation
I hope this helps and best of luck with this process!
-HRInsider Staff -
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