Federal and state harassment and discrimination statutes impose a legal duty on an employer to investigate employee-related complaints. The Employer has no discretion to decide not to investigate, regardless of a reluctant complainant or witness.
The tougher situation is when the conduct occurs off premises or at social function. If the conduct has implications at the workplace, an investigation may be appropriate and necessary
A thorough investigation can confirm a complaint or show it to be false or unfounded. It can also uncover related or unrelated issues that need to be addressed.
“The Employee complained but the Company did nothing…”
Alleged acts of harassment or discrimination may seem fairly minor, but focus of the lawsuit can quickly shift to the employer’s failure to fully and properly investigate.
If an Employer does not properly investigate, document and reach an informed conclusion, these facts (or lack thereof) may be exploited in litigation and make the Company at the very least “look bad” even if the underlying complaint is weak.
We provide Custom Descreet Investigations for Employers of current employees as well as background investigations on prospective employees.
Contact us for your specific needs and/or questions.