Why Investigate Bullying Claims at Work?

Because bullying is not illegal, some may wonder why allegations of bullying or abusive conduct need to be investigated at all. However, though bullying may seem less serious than unlawful conduct such as harassment, discrimination and retaliation, investigating these complaints is important for several reasons. First, if tolerated and permitted to pervade an organization, bullying can lead to unlawful behavior such as discrimination or retaliation. This is especially likely when bullying targets employees from marginalized communities. Second, unaddressed bullying can damage the work environment, leading to low morale, lowering productivity and increasing employee turnover. This means bullying costs an employer money long before it comes to the attention of HR or legal counsel. Finally, many employer policies promote civility or forbid bullying at work. Investigating bullying claims is therefore necessary to determine whether these policies have been violated.

Conducting the Complainant Interview

When investigating a bullying complaint, defining the scope of the investigation can be difficult. Those complaining of bullying often describe the accused in general terms such as “abusive,” “mean,” or “micromanaging,” without more context. On top of that, the word “bullying” can mean different things to different people. Thus, when interviewing the complainant, ask questions that help drill down to the specific behavior the complainant found problematic. If the employer has an anti-bullying policy, consult the policy’s definition of bullying to help you in crafting your questions. Having asked the appropriate questions, you will understand the investigation’s scope, i.e., the specific factual question(s) you will need to investigate and answer.

Arriving at the Appropriate Scope

 The scope is the engine that drives an investigation. A scope that is too broad creates the risk that the investigator will go down “rabbit holes,” which can be time consuming and costly. This is especially the case when investigating bullying claims. Thus, the scope question, “Did X bully Y during the sales meeting?” is not as precise or helpful as, “Did X berate Y about her sales numbers during the sales meeting?” Because even the word “berate” is open to interpretation, the scope question, “During the sales meeting, did X tell Y that her sales numbers were ‘pathetic’?” is even more precise and capable of being investigated and answered with specificity. For investigations with many examples of the same kind of conduct, grouping incidents into broader scope questions might make investigation reports easier to read. For example, by listing, “Did X raise her voice or yell at Y on multiple occasions?” instead of listing every allegation Y made about X raising her voice or yelling.

As with all investigation interviews, developing and maintaining rapport with a complainant is key. Begin the interview by explaining the process and asking easy background questions to put the complainant at ease. Proceed to broad and open-ended questions about the complainant’s concerns. Giving the complainant control of where to start the conversation makes them feel seen and heard, which is important. However, you also must gather the relevant information you need in the time you have, so be prepared to guide the interview at some point. Reminding the complainant that you need to focus on behavior that crosses the line, rather than regular day-to-day work disagreements, can be helpful to keep the complainant focused.

Again, as with all interviews, make sure to ask follow-up questions as needed to ensure you gather all relevant details. Some helpful follow-up questions include:

• What is the first example of employee X [insert example incident from complainant] you can recall?
• What is the most recent example of employee X [insert example incident from complainant] you can recall?
• How frequently did employee X engage in conduct like [insert example incident from complainant]?
• What do you think is the worst example of employee X [insert example incident from complainant] you can recall?
• Do you know if employee X is treating anyone else this way?
• Do you have a sense of why employee X might be treating you this way? (If a complainant believes the mistreatment is discriminatory, it is better to learn this sooner than later.)
• Is there anything you think is important for me to know that I did not ask you about?
• What do you hope will happen now that you have come forward with these concerns?

Once you speak with the respondent/accused and other witnesses, you may need to conduct a follow-up interview with the complainant to gain a complete picture of what occurred.

Analyzing the Evidence and Making a Finding

Analyzing the evidence in a bullying claim is no different than analysis of any other claim, so long as the scope questions are properly formulated. Scope questions that group incidents by type (e.g., verbal comments, physical behavior, hyper scrutiny) make it easier to sort through the evidence and reach a finding. Remember that where there is a dispute as to what occurred and there were no witnesses, you need to assess the complainant’s and respondent’s credibility to reach a finding. In other words, you need to assess which person’s account is more reliable.

Conclusion

It is important for organizations to address and investigate bullying complaints to prevent more problematic (and potentially unlawful) behavior, ensure a healthy work environment and minimize legal liability. Bullying can be the tip of the iceberg in terms of a dysfunctional group dynamic, and its presence may foreshadow potential claims of harassment, discrimination and retaliation. Investigating bullying complaints presents an opportunity to address potential issues before they worsen and sends a message that the employer prioritizes employee wellbeing.