Arkansas Memo - Sexual Harassment Investigation Process - Workplace
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FAQ
Employers have a qualified privilege to divulge even defamatory information to persons who have a demonstrated "need to know" of the information such as individuals conducting the investigation or those who implement the company's disciplinary policies.
An employer is required to conduct an investigation into incidents and complaints of workplace harassment that is appropriate in the circumstances. In other words, a formal complaint is not required to trigger an investigation.
How NOT to Conduct a Workplace InvestigationMistake #1: A Delay in Workplace Investigation.Mistake #4: Selecting a Biased Investigator.Mistake #5: Not Documenting the Findings of the Investigation.Mistake #6: Failure to Draw Credibility Conclusions in Investigation.Mistake #8: Lack of Knowledge of Workplace Laws.
Write the Investigation Reporta description of the allegation.chronology of events.the complainant's and accused person's names.documents reviewed (including copies)list of interviewees with dates of interviews.interview notes.credibility assessment.conclusion.More items...?
Employers also may require witnesses (and even the complainant) to cooperate in their investigations. For example, in TRW, Inc. v. Superior Court, the California Court of Appeal held that an employer may discharge an employee who refuses to answer questions during the course of a security investigation.
Yes, your company can require you to take part in its investigation. Most likely, your company can require you to take part in its investigation. After all, the only way the company can find out what's going on -- and take steps to remedy the problem -- is by talking to the employees involved.
A: An investigation should always be kept confidential and only those conducting the investigation should have the full details. An employer is not required or obligated to disclose who filed a concern and the specifics of the concern/complaint. You want to ensure confidentially as much as you possibly can.
Prohibiting employee discussions of an ongoing investigation is allowed only if the employer can show that it has a legitimate business justification outweighing the employees' rights.
Following its December 2019 decision holding that confidentiality mandates during the course of workplace investigations are presumptively lawful, the National Labor Relations Board (NLRB) recently held that employers can instruct employees to keep an open internal investigation confidential.
All you need to do is answer the questions that the human resources manager or the investigator will be asking you about your complaint. There is no reason to go beyond those questions.
