Investigating transgressive behavior: what employers need to know
Investigating transgressive behavior: what employers need to know
A safe and pleasant work environment is crucial to both the well-being of employees and the success of an organization. Unfortunately, companies are increasingly facing reports of transgressive behavior. But what exactly does this behavior entail? Why is an independent investigation important? And how does such an investigation proceed? In this article, we provide insight into transgressive behavior, the importance of an investigation and practical tips for companies to address these situations.
What is transgressive behavior?
Transgressive behavior includes all forms of behavior for which the recipient (the victim) has not consented and feels uncomfortable. The intention of the perpetrator is irrelevant here. It can be clearly transgressive behavior or subjective situations, involving previous experiences.
Transgressive behavior takes several forms:
- Verbal: Sexual comments, insults or threats.
- Non-verbal: For example, prolonged staring or intimidating behavior.
- Physical: Unwanted touching or aggressive behavior.
Examples include (sexual) harassment, bullying, ignoring, racism, discrimination and stalking. With the rise of technology, transgressive behavior is also increasingly occurring online, such as through instant messages or social media. The digital world offers less social control, which compounds the problem.
Why is independent research important?
The consequences of transgressive behavior can be significant, both for the victim and the organization. Think of increased absenteeism, an unsafe work atmosphere and damaged mutual relationships. Moreover, the employer is required by law to guarantee healthy and safe working conditions, including the prevention of psychosocial workload (PSA).
An independent investigation helps with:
- Protecting the victim.
- Stopping unwanted behavior.
- Ensuring a safe corporate culture.
- Compliance with legal obligations, as stipulated in the Working Conditions Act.
How does a private investigation proceed?
When a report of transgressive behavior is made, companies often hire a specialized investigative agency such as NFIR. Here’s what the process looks like:
Intake
During an initial interview, an assessment is made as to whether there is sufficient cause for an investigation. This involves assessing whether the importance of the investigation outweighs the privacy of the suspect.
Drafting a plan of action
A strategy is determined with the least intrusive methods of investigation in accordance with the principles of proportionality and subsidiarity.
Starting research
Available evidence, such as devices or digital data, is secured and examined. In doing so, NFIR uses forensic tooling to recover data, including deleted files.
Conclusion and reporting
If evidence is found, a confrontational interview may take place with the suspect. The findings are recorded in a report, which may serve as evidence in a court case.
What can companies do?
To prevent transgressive behavior and act appropriately on reports, the following measures are essential:
- Appoint a confidant: This provides a safe place for employees to make reports.
- Make rules of conduct clear: Establish a code of conduct or staff handbook and make sure employees are aware of it.
- Recognize signs: Watch for avoidant behavior or withdrawal in employees, which may indicate insecurity.
- Encourage reports: Take reports seriously and discuss follow-up steps with the victim. Also ask for any evidence, such as messages or photos.
- Secure corporate data: Seize company assets from suspects and block their access to accounts to prevent data loss.
Addressing transgressive behavior requires a proactive and careful approach. Here, an independent investigation can be the key to restoring trust within the organization.
Want to learn more about transgressive behavior or help with an investigation? Contact NFIR for professional advice and support.
