5 min read

Workplace Investigations

When you report harassment or discrimination to your employer, they are legally required to take it seriously. What that obligation looks like — and what you can do when it doesn't happen.

The employer's duty

Once an employer receives notice of potential harassment or discrimination, it has a legal obligation to conduct a prompt, thorough, and impartial investigation. This obligation exists under Title VII, the ADA, the ADEA, and related laws. Ignoring a complaint, or going through the motions without a genuine inquiry, can significantly increase employer liability.

What a real investigation involves

A proper investigation includes separate interviews of the complaining employee, the accused, and relevant witnesses; review of documents, messages, and records; a factual conclusion; and appropriate corrective action if misconduct is found. The investigator should be someone without a conflict of interest — which often means HR isn't the right choice when a senior leader is accused.

Your rights during the process

You have the right to report without retaliation. You can request an update on the status of the investigation. You are not required to confront your accuser directly. In some circumstances, you're entitled to know the general outcome — though not always the details of any discipline imposed.

Red flags to watch for

Complaint was dismissed without any apparent investigation
HR spoke only to the accused and no witnesses
You were told the matter was "resolved" with no explanation of what was found or done
The investigator was a direct report to the person you complained about
You experienced adverse treatment — schedule changes, exclusion, criticism — after reporting

Next up

The WARN Act