This is definitely a gray area situation. The duty to investigate harassment isn’t based on the status of the worker allegedly targeted for harassment; what matters is that it occurred in the workplace to a person carrying out work for you. And even if the duty didn’t extend to volunteer, a report of harassment against a volunteer would likely be deemed reasonable notice that harassing conduct took place in the workplace suggesting that one or more employees might have also been harassed, triggering the duty to investigate.

As for hearsay, I think what matters more is whether the person who reported the harassment is credible and there’s no indication that he/she had an axe to grind or acted in bad faith. I’d also suggest that you’ve already initiated the investigation by interviewing the volunteer. If you got no useful information and there are no other witnesses, you may be in a position to conclude that further investigation would be impossible, futile or unwarranted. But if there is other credible evidence to support the witness’ report, you should proceed.

It’s critically important that you document your conversation with the volunteer, the absence of witnesses and the reasons you decided not to further investigate. Of course, you should also document this even if you continue the investigation.

Final caveat: These are just my personal opinions based on the information you provided. Even if I did have all the facts, I’m neither qualified nor allowed to provide you legal counsel. If feasible, talk to a lawyer who can give you counsel. Hope this helps. Feel free to reach out at glennd@bongarde.com if you want to follow up.

Glenn Demby, Editor in Chief, OHS Insider