EEO Employment Investigations

Every business, no matter what size, should have an Anti-Harassment/Discrimination policy prohibiting harassment or discrimination in the workplace.  Even an employer of a few employees should have policies prohibiting harassment and discrimination in the workplace.  That policy should include the process by which the complaint will be investigated and how the employee files a complaint.  Employers are bound to run into situations which will require addressing complaints of harassment, discrimination, workplace violence, theft, drug use and other employee problems.  When the employer becomes aware of these problems, they cannot bury their head in the sand and hope it resolves itself.  Under the discrimination laws, an employer who becomes aware of alleged workplace harassment is required to conduct an investigation and take prompt, effective remedial action. Many employers (and managers) believe the problem will go away if they just ignore it.  This is a huge mistake which leads to frustration on the part of the employee, and eventually ends in a lawsuit.  If the employer has a policy in place this will remind the employer’s supervisors what they need to do when they are faced with a complaint.  A thorough investigation and well written report can be the best insurance against an employment lawsuit.

A workplace investigation report should include a summary of the allegations made and each allegation should be investigated and addressed in the report.   The investigation report should document what the employee alleged, what the witnesses said regarding the allegations, any relevant documents should be attached to the report. The investigation should determine if there were any violations of company rules, policies or procedures and what the conclusion of the investigator was regarding the allegations by the employee.  The investigation report should document whether the allegations were substantiated, not substantiated or if the evidence was inconclusive and the reasons for the investigator’s conclusions.  Finally, the investigation report should clearly state a recommended action and what action was taken and when. It is important that for any allegation that is substantiated by the investigation report that the employer document that it took appropriate remedial action.  If discipline action was taken, the investigation report should document that the employee was treated similarly to other employees in accordance with the company policies and procedures.

As an employer, you want to conduct an internal investigation that is thorough, expeditious, discreet and confidential, so you can take an action which responds to the problem without exacerbating the situation.  There are a variety of ways to investigate an employee complaint in the workplace, but following certain general guidelines can assist your company in developing an investigation policy.

You should contact an experienced employment attorney if you have questions regarding employment law issues. Contact Holden Law Firm and ask to speak to John Holden to discuss your employment law questions.