DOs and DON'Ts of Conducting Workplace Investigations

Employers have a legal duty, under both state and federal laws, to take “all reasonable steps” to prevent harassment, discrimination, retaliation, and other unlawful employment practices. An essential part of prevention is how the employer conducts investigations of employee claims of unlawful behavior. To be legally compliant, workplace investigations must be timely, conducted by a competent investigator, effective, and reasonable under the circumstances.