A Guide for Employers: How to Conduct Internal Harassment Investigations

As an employer, receiving a claim of discrimination or harassment requires immediate and serious attention. Failing to conduct a prompt, thorough, and impartial investigation can expose your business to significant legal liability under federal laws like Title VII of the Civil Rights Act and corresponding state statutes.

Beyond legal compliance, a properly handled investigation is simply good business. An employee who feels their complaint was not taken seriously is unlikely to be engaged or productive. If colleagues feel a complaint was ignored, it can damage morale, and public knowledge of such neglect can harm your company’s reputation.

This guide outlines the essential steps for preparing for and conducting a defensible internal investigation.

Step 1: Preparing for a Workplace Investigation

The foundation for a successful investigation is laid long before a complaint is ever made.

• Establish Clear Reporting Procedures: Employees should know exactly how to report discrimination or harassment from their first day. Explain your company’s anti-harassment policy and investigation process during initial training. This not only helps employees feel protected but also signals to potential violators that all reports will be taken seriously.
• Select an Impartial Investigator: The investigator must be unbiased. Personal affinity for the accused or the accuser can compromise an investigation. If no one within your HR team is suitable or has the necessary impartiality, it is wise to engage a qualified external investigator, such as outside legal counsel. Whoever you choose must have appropriate training, as there are strict legal standards a defensible investigation must follow.

Step 2: Conducting a Thorough and Impartial Investigation

A legally defensible investigation is one that is prompt, thorough, and impartial. This means acting quickly, gathering all available facts, and ensuring the investigator remains objective throughout the process.

• Interview All Parties Individually: The investigator must hear all sides of the story without prejudice or jumping to conclusions. Conduct separate interviews with the accuser, the accused, and any potential witnesses. Hold these meetings in a private location where participants can speak freely without being overheard or seen.
• Gather and Review All Evidence: Collect any supporting information that can clarify the situation. This may include emails, text messages, security camera footage, or voice recordings. Be prepared for situations where there is no physical evidence beyond the conflicting accounts of those involved.
• Document Every Step Meticulously: The investigator should keep detailed, contemporaneous notes throughout the process. This documentation is crucial if the investigation’s fairness or thoroughness is later challenged.

Partner with Experienced Legal Counsel

While these guidelines provide a framework, every claim presents unique complexities and legal risks. A poorly handled investigation can invalidate its findings and expose your business to further liability and damage to employee morale. To ensure your company’s investigation process is compliant and defensible, or to seek guidance on a specific matter, contact our experienced employment law attorneys at www.eghblaw.com