5 Best Practices for Conducting Workplace Investigations

Under California law, employers have a duty to investigate misconduct and take remedial action to prevent further discrimination or harassment from occurring in the workplace.


Five action items employers should utilize when conducting workplace investigations:


1. Selecting the investigator : The person needs to be able to conduct appropriate investigations to limit the liability to the company


2. The investigation must be free of any appearance of influence or bias :The investigator must not have any personal involvement with any of the parties who are a part of the investigation


3. The investigation must ask the right questions: Employers must remember that they have a duty to investigate various types of mis-conduct in the workplace, not only claims of sexual harassment


4. The investigator must make credibility assessments: The EEOC again provides some guidance on the factors to use when determining which witnesses are more credible:


5. The investigation’s final determination and continual monitoring: It is important for employers to inform the parties involved of the outcome, unacceptable behavior as a result of the determination, and to ensure ongoing compliance with the company’s findings and legal obligations.


Contact us for additional guidance or questions

, we are here to serve.

9 views0 comments