Employers often conduct workplace investigations because of constitutionally 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 remedial action. Thus, after a written or oral complaint is made by an employee regarding improper conduct, an affirmative duty may arise requiring the employer to investigate the allegations. As discussed herein, investigation of complaints yields a number of additional, practical benefits for employers as well. Even when no official complaint is made concerning improper conduct, an employer may be under a duty to investigate if the employer has “constructive knowledge” (reasonably should have known) of that conduct.
It is critical for an employer to investigate claims of unlawful 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, an effective investigation and prompt and effective remedial measures may well prevent the employer from being liable. Generally, the plaintiff in...
Please call us at (312) 960-9400 if this is an error or if you have any questions.