Employers often conduct workplace investigations because of constitutional or statutorily imposed requirements. Indeed, various civil rights and anti-discrimination laws, as well as health and safety laws, require employers to investigate complaints or accidents and take appropriate action. Therefore, after a written or oral complaint is made or a concern is expressed by an employee regarding improper conduct, an employer should investigate the allegations. Even when no official complaint is made concerning improper conduct, (i.e., even if an employee doesn’t use the magic word, “complaint”), an employer may be under a duty to investigate if the employer reasonably should have known of the issue.
It is critical for an employer to investigate claims of potential harassment, as an investigation can be used as an affirmative defense to a hostile environment harassment charge. In other words, even if harassment occurred, a strong anti-harassment policy and an effective investigation might prevent the employer from being liable. Generally, the plaintiff in a potential lawsuit against the employer must show that the employer knew or...
Please call us at (312) 960-9400 if this is an error or if you have any questions.