How to Handle a Harassment Complaint the Right Way

By Brent Hinders | Hinders, Updegraff & Franklin, P.L.C.

A complaint lands on your desk. An employee says their coworker has been making comments that make them uncomfortable. Or a subordinate alleges their manager touched them inappropriately. Or someone files a written complaint about a hostile work environment.

How you respond in the next 24 to 48 hours can determine whether this situation resolves cleanly — or escalates into an EEOC charge, a lawsuit, or a news story.

This guide walks Iowa supervisors and HR professionals through the right steps when a harassment complaint comes in.

Step 1: Take Every Complaint Seriously — Even the Informal Ones

Many supervisors make the mistake of dismissing complaints that seem minor, vague, or delivered casually. An employee who mentions 'something weird' a coworker said, or who seems reluctant to make it 'official,' still deserves a prompt and professional response.

Under both federal law (Title VII) and Iowa's Civil Rights Act, an employer can be liable not only for harassment that occurred, but for harassment the employer knew about — or should have known about — and failed to address. A supervisor who hears a complaint and does nothing has put the organization on notice without protecting it.

Document the complaint immediately, even if it was verbal and informal. Write down what was said, when, who was present, and what you did in response.

There is no such thing as an off-the-record harassment complaint once a supervisor hears it. Your knowledge is the organization's knowledge.

Step 2: Do Not Investigate Alone

Unless your organization is very small and you have no other option, a supervisor who receives a complaint should not be the same person who investigates it. There are two reasons for this.

First, investigators need to be neutral — and a supervisor who heard the initial complaint, or who has a prior relationship with the parties involved, may not be perceived as neutral, even if they are acting in good faith.

Second, investigations need to be legally defensible. An HR professional, a senior leader not involved in the situation, or outside counsel should conduct or oversee the investigation, especially when the complaint involves allegations against a manager or involves potential criminal conduct.

Step 3: Preserve Confidentiality — But Don't Promise It

You should tell both the complainant and the respondent that the matter will be handled with as much confidentiality as possible. What you should never promise is complete confidentiality. Investigations require interviews. People will know something is happening.

Promising absolute confidentiality — and then failing to keep it — destroys trust and can expose the organization to additional claims. Keep the circle of knowledge as small as possible, but be honest that complete secrecy is not possible.

Step 4: Protect the Complainant From Retaliation — Immediately

This step cannot wait for the investigation to conclude. The moment a complaint is made, the complainant becomes a protected individual under both federal and Iowa law. Any adverse action taken against them — a schedule change, a reassignment, a poor performance review, a termination — that can be connected to their complaint creates a retaliation claim that may be harder to defend than the underlying harassment allegation.

Proactive steps to consider immediately:

• Temporarily adjust schedules or work assignments to minimize contact between the parties, where feasible, without disadvantaging the complainant

• Remind supervisors and managers — in writing — of the organization's anti-retaliation policy

• Document every management action taken regarding either party during the investigation period, and the business reason for it

Step 5: Conduct a Thorough, Impartial Investigation

A proper workplace investigation includes:

• A detailed interview with the complainant — what happened, when, where, who witnessed it, whether there is any documentation (texts, emails, notes)

• A detailed interview with the respondent — their account of events and any witnesses they identify

• Interviews with any identified witnesses

• Review of any relevant documents, surveillance footage, communications, or records

• A written summary of findings — not a legal conclusion, but a factual account of what the investigation found credible

The goal of the investigation is not to find someone guilty or innocent. It is to gather enough information to make a reasonable, informed business decision about what happened and how to respond.

Step 6: Take Prompt Remedial Action

If the investigation concludes that harassment occurred, the employer must take prompt corrective action proportionate to the severity of the conduct. This might range from a formal written warning to termination, depending on the facts.

If the investigation is inconclusive — which happens in many he-said/she-said situations — the employer still has obligations. Refreshing training, reminding employees of the policy, or making organizational changes to reduce the risk of future incidents are all appropriate responses even when a definitive finding isn't possible.

What is never appropriate: taking no action because the investigation was inconclusive.

Step 7: Document Everything

Every step of the process — the initial complaint, the interviews, the findings, the corrective action — should be documented in writing and preserved. This documentation is your organization's primary defense if the matter later becomes an EEOC charge or lawsuit.

Investigation files should be kept separate from the employees' general personnel files and stored securely. Access should be limited to those with a need to know.

When to Call a Lawyer

You should involve employment counsel before the investigation concludes — or before any disciplinary action is taken — when:

• The complaint involves a senior leader or elected official

• The alleged conduct includes physical contact or conduct that could be criminal

• The complainant has retained an attorney or mentioned filing a charge

• The situation involves multiple complainants or a pattern of conduct

• You are uncertain whether the investigation findings support a termination

Have a Question?

Dealing with a harassment complaint and not sure of your next step? We advise Iowa employers on investigations, documentation, and employment risk. Contact Hinders, Updegraff & Franklin at 515-981-7044 to schedule a confidential consultation.