Conducting Workplace Investigations

An employer has a duty to conduct a prompt and thorough investigation of alleged acts of harassment, discrimination, workplace violence, or when they receive a safety complaint.

The duty to investigate exists even if a complainant requests that no investigation be undertaken. The duty to investigate exists whether the complaint originates through formal channels, such as a written complaint made to an EEO officer, or informally through conversation with an employee. This duty exists even if the employer becomes aware of stale or old events. (For example, the complaining employee does not work for the company any longer.)

At Archbright, we offer members support for their workplace investigations in several ways:

• Eligible members can talk directly to an HR Advisor about a complaint by calling the HR Hotline.
• In the HR Toolkit, eligible members can access our Workplace Investigation Keynote and sample policies.
• Members can attend our Conducting Workplace Investigations class and receive practical instruction on how to effectively investigate complaints.
• Our HR Advisor and Legal Team can conduct investigations.

So far this year, Archbright has completed 25 investigations for members. The most common type of complaint is harassment based on a protected status, such as race or disability.

“Members with experienced HR managers who know how to investigate are choosing Archbright to conduct their investigations,” said Erin Jacobson, Director of Legal and HR Advice. “Doing so preserves their HR team’s neutrality and demonstrates to the complaining employee they are committed to a fair process.”

For more information about how we can help with workplace investigations, contact us at info@archbright.com, 206.329.1120, or 509.381.1635.