Labor and EmploymentInternal Investigations
Conducting a Workplace Harassment Investigation: A Practical Guide
A workplace investigation is a legal proceeding conducted by non-lawyers under time pressure, and its quality determines whether an employer has a defense or a document that will be read to a jury. This guide covers the process end to end: why the investigation matters legally and what the Faragher-Ellerth defense actually requires, how to receive and triage a complaint, what interim measures are appropriate and which create retaliation exposure, who should investigate and how privilege works, how to plan and conduct interviews, how to assess credibility and make findings, what belongs in a report and what does not, and how to close the loop with remedial action and follow-up. It also addresses the harder situations: anonymous complaints, executive respondents, conduct that may be criminal, and unionized workforces. The recurring lesson is that promptness, independence, and a report written as though a jury will read it are what turn an investigation into a defense rather than an exhibit.