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ARTICLE · 01 FEBRUARY 2005

Ten Things to Avoid During Workplace Investigations

Failure to investigate a complaint of discrimination or harassment can lead to liability under the anti-discrimination laws. Moreover, the employer can be held liable for punitive damages because of management's failure to investigate. Courts have found that no investigation can be evidence that the employer acted with "malice or reckless indifference" to the employee's federally protected rights.

United StatesStrategy
Gilbert Román
Gilbert Román

What happens in your organization when an employee complains about harassment, discrimination, or some other form of potentially illegal behavior in the workplace? How the company responds could be the difference between winning and losing an employment lawsuit. Here are some of the biggest mistakes to avoid when conducting workplace investigations.

1. Fail to Conduct Any Investigation.


Failure to investigate a complaint of discrimination or harassment can lead to liability under the anti-discrimination laws. Moreover, the employer can be held liable for punitive damages because of management's failure to investigate. Courts have found that no investigation can be evidence that the employer acted with "malice or reckless indifference" to the employee's federally protected rights.

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