How should an HR professional proceed if a senior executive is accused of harassment or discrimination?

Although this type of claim may place HR in an uncomfortable position, the investigation should be handled in a similar fashion to all others, with a few additional considerations.

The initial challenge is determining who should handle the complaint. Should HR conduct the investigation or outsource it to an attorney or HR consultant specializing in investigations? If HR reports to the executive, then outsourcing would remove any conflict of interest. Similarly, outsourcing may make sense if the complaint relates to a peer of the HR executive; otherwise, an internal investigation could be interpreted as executives protecting each other. It's a good idea to involve legal counsel early for advice on how to prepare for and conduct the investigation, as well as how to respond after review of the investigation summary.

Even if the investigation is conducted by HR, questions about when to involve legal counsel and the board of directors may surface, especially if the CEO is accused. If a policy is not in place that determines when and how the board is approached, the HR executive will need to initiate this process. It may be wise to place the CEO or other executive on paid administrative leave until the investigation is concluded, to reduce any appearance of the executive influencing other employees in their statements.

If internal HR staff members conduct the investigation, they should feel comfortable that, no matter the outcome, they will have the support of top management or the board of directors. This assurance will protect HR, the accusing employee and any witnesses from future retaliation.