Q. If we start an investigation about sexual harassment, is there anything we need to worry about while conducting the investigation?
A. Merely commencing an investigation does not provide absolute protection to the employer. First, the investigation must be prompt and thorough. Second, the nature and seriousness of the allegations may require interim steps to ensure there is not a hostile environment while the investigation is taking place. Third, the investigation must be done in good faith. While it need not be perfect, it cannot reach a predetermined conclusion or otherwise be conducted in bad faith.
- Afraid you messed up (or have to pay up)? Try offering to reinstate fired employee
- Crack down on association discrimination before it lands you in court
- Temp better than employee? Terminate with care
- A surprise inspection can uncover discrimination before it's too late
- Fairness, careful documentation are key to discipline process that will stand up in court