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The Employer's Obligation to Investigate
Employer's are responsible by federal and state law to provide a workplace free of discrimination and harassment and to provide a safe work environment. Because of these conditions, a complaint by an employee could trigger an investigation. In addition, the employer's investigation obligation is triggered by such warning signs as a supervisor's observations of inappropriate comments or conduct, general office knowledge of harassing, discriminatory or other wrongful behaviour or a request that inappropriate conduct cease. In most cases, an employer has a duty to investigate reported instances of sexual harassment or discrimination, even where the alleged victim does not request or consent the investigation (Laabs, 1995). Thus, there is no such thing as an offthe record complaint or comment. Even ifthe complaining employee insists that he/she was not offended or upset by the alleged conduct, an employer has a duty to investigate.
Steps to Take for Conducting an Investigation
Promptness and thoroughness are mandated; however, the law does not prescribe an internal method of investigating claims (Armstrong, 1997). Even more complex, the investigation can not be the same in each situation. Following is an outline of techniques that an investigator should consider but not necessarily adopt in any given case.
Who is the Appropriate Investigator?
The first step of a proper workplace investigation is to determine who should conduct the workplace investigation. Employers should choose the most appropriate investigator available for a specific case with full knowledge that the investigator may be called later as a witness. There are numerous considerations regarding the potential investigator's attributes that the employer should consider in making this decision. These attributes include; training, skill, believability, objectivity, sensitivity, cahn manner, knowledgeable of company policies and procedures and the potential to make a good witness. The following are among the types of investigators typically considered:
* Human Resources Department
* Management
* Human Resources and Management as Joint Investigators
* Attorneys
* Member internal audit, ethics or securities department
* Private investigator or other outside consultant (Corners, 1996)
Human resource managers are considered experienced, well trained, and knowledgeable with regard to the internal structure of the company. Jurors often hold human resources managers to a higher standard. On the other hand, jurors may expect a manager...