Q. If a victim of sexual harassment wants the matter dropped, do we still have to conduct an investigation?
A. Yes. The obligation to investigate is an independent duty of the employer. It is triggered whenever the employer knows or should know that there may be conduct that creates a hostile environment. Even if the employee has changed his or her mind (which could happen for a number of reasons, including embarrassment, worries about retaliation or other second thoughts), you should get to the bottom of the matter.
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- Document why you fired worker, even in cases where rationale seems crystal clear
- Draft arbitration agreements as broadly as possible
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