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Commentary: Consider EEOC’s workplace investigation guidance

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AT A GLANCE

• Employers must conduct prompt investigations into harassment or discrimination complaints, typically defined as starting “reasonably soon” after a complaint in made.
• An investigation is deemed adequate if it is thorough enough to determine the truth, conducted by an impartial party, and involves all relevant parties.
• Upon concluding an investigation, employers should inform both parties of the findings, retain investigation records, and ensure proper documentation and storage to demonstrate prompt and appropriate responses to complaints.

By Stephen Scott

It is my hunch that many of you have conducted some type of internal investigation into harassment or discrimination. Yet that prior experience does not negate the need to listen to the advice of the Equal Employment Opportunity Commission for handling workplace investigations.

The EEOC’s guidance makes clear that an employer is responsible for conducting a “prompt and adequate investigation” once it has notice of potentially harassing conduct and for taking “reasonable corrective action” to prevent any improper conduct from reoccurring. Outlined below are five key takeaways from the guidance.

• How to conduct a prompt investigation: The guidance explains that an investigation is prompt if it is conducted “reasonably soon” after an employee complains or the employer otherwise has notice of possible harassment....

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