Page 3 - Harassment Investigations Booklet

Legal Basis for Maintaining Complaint and Investigations Policies and Procedures
Numerous legal provisions make it mandatory for employers to have an effective investigations process and to conduct effective investigations of employee complaints of harassment or discrimination or other workplace conduct rules.
• EEOC requires employer to have procedures in place for investigation of employee complaints.
• FEHA requires effective complaint procedure, including a requirement that the employer fully and effectively investigate.
• Numerous court cases find that employee complaints must be investigated to avoid liability for harassment and discrimination claims.
• American Airlines v. Superior Court, 114 Cal.App.4th 881, 890 (2003) - “The affirmative and mandatory duty to ensure a discrimination-free work environment requires the employer to conduct a prompt investigation of a discrimination claim” which includes interviews of co- worker witnesses.
• Malik v. Carrier Corp., 202 F.3d 97 (2nd Cir. 2000) – investigation is not optional and failure to investigate a complaint may result in liability to employer.
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