Original source: Read the original article from Behavioral Scientist ↗
Factual summary
A Behavioral Scientist article, drawing on reports from the EEOC (2016) and the British Equality and Human Rights Commission (2018), highlights that 87-94% of workplace harassment incidents are not formally reported. It notes that current reporting systems are often contentious, prone to retaliation, and suffer from flawed investigative interviews.
What happened
The source reports that between 6% and 13% of individuals experiencing harassment file a formal complaint. It states that complainants often face retaliation and that investigative processes can be contentious, with poorly conducted interviews potentially leading to miscarriages of justice. Human interviewers frequently interrupt during free-recall phases, hindering information gathering.
Why this matters
The underreporting of harassment and the deficiencies in current reporting and investigation processes can lead to a lack of trust, continued harmful behaviour, and potential legal action against organisations. Improving these processes, through methods like cognitive interviewing and AI tools, can enhance the quality of evidence, reduce retaliation, and foster a more positive organisational climate, potentially reducing legal redress.
UK workplace relevance
In the UK, employers have a duty to prevent harassment and address complaints effectively. The findings from the British Equality and Human Rights Commission (2018) underscore the importance of anonymous online reporting, robust anti-harassment policies, and a civil workplace culture. The article's insights into improving reporting and investigation methods are directly relevant to UK employers seeking to meet their obligations and create a safe working environment.
What an employee may wish to document
- Implement cognitive interviewing techniques for all harassment investigations to improve the quantity and quality of information gathered, avoiding accusatorial methods.
- Ensure interviewers are trained to avoid interrupting interviewees during the free-recall phase, allowing for comprehensive recollection.
- Consider anonymous online reporting systems, combined with strong anti-harassment policies, to encourage reporting and improve outcomes, as suggested by the British Equality and Human Rights Commission.
- Acknowledge all harassment reports within 24 hours to foster a positive organisational climate.
- Explore the use of AI tools to assist in the structured recall and reporting of incidents, potentially generating certified, time-stamped reports for internal grievance procedures.
- Document all steps taken in response to a complaint, including the method of investigation, interview techniques used, and any follow-up actions, to demonstrate a fair and thorough process.
Related guidance and tools
ACAS guidance · How to document workplace bullying · Workplace incident log
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