How to conduct a Sexual Harassment investigation.
The accused, even a Governor, should not be left in a position to influence the testimony of the complainant or witnesses. Given his position supervising so many potential witnesses, an ethical decision would be for Cuomo to step back while the investigation is ongoing.
According to the EEOC, the burden is not on the complainant employee to have to accept a transfer away from the accused. The burden is on the accused to step away.
https://www.laborandemploymentlawcounsel.com/2019/03/youve-got-an-internal-sexual-harassment-complaint-now-what/
Consider whether to place the accused on paid administrative leave pending the investigation. Some factors to consider include whether the accused poses a potential safety risk and whether having the accused in the workplace may intimidate witnesses or otherwise impede the investigation.
Take appropriate interim steps to prevent harassment and retaliation. For example, it may be appropriate to separate the accused and the complainant, instruct the accused not to communicate with the complainant, or to place an upcoming performance review on hold pending the conclusion of the investigation.
From the EEOC:
https://www.eeoc.gov/sites/default/files/migrated_files/policy/docs/harassment-facts.pdf
How should an employer investigate a harassment
complaint?
„ An employer should conduct a prompt, thorough, and impartial investigation. The alleged
harasser should not have any direct or indirect control over the investigation.
„ The investigator should interview the employee who complained of harassment, the alleged
harasser, and others who could reasonably be expected to have relevant information. The
Guidance provides examples of specific questions that may be appropriate to ask.
„ Before completing the investigation, the employer should take steps to make sure that
harassment does not continue. If the parties have to be separated, then the separation should
not burden the employee who has complained of harassment. An involuntary transfer of the
complainant could constitute unlawful retaliation. Other examples of interim measures are
making scheduling changes to avoid contact between the parties or placing the alleged
harasser on non-disciplinary leave with pay pending the conclusion of the investigation.
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