Conducting a Workplace Investigation

As an employer, you are responsible for your employees' safety. With over 2,000 employee complaints reported in the 2022 Annual Report on Discrimination Complaint Activity in California State Civil Service, it is apparent that knowing how to conduct a fair and unbiased investigation is crucial. 

Forbidden in the workplace, as outlined under the Fair Employment and Housing Act (FEHA), discrimination, harassment, and retaliation were some of the most prevalent complaint types in the 2022 Annual Report mentioned above. More than just barring such behavior in the workplace, the law also requires you to take appropriate measures to prevent and rectify such behavior. Therefore, when an employee presents you with a complaint that may violate the rules and policies of your organization, you will need to conduct a formal investigation to determine what happened.

Taking complaints seriously helps to ensure that your employees feel supported. A prompt investigation also helps to put an end to harassing behavior, enabling you to fairly address the issues in a way that will cause the least amount of disruption to the workplace and the individuals involved.

When investigating, various measures are required to ensure due process. The Department of Fair Employment and Housing outlined the following steps that must be followed:

1. Start by speaking with the individual who initially filed the complaint. 

2. Then, allow the accused party to explain their side of the events. They are entitled to know the accusations being made against them.

3. Speak with any witnesses and review any supporting documentation. Interview everyone whose information could impact the conclusion of the investigation.

4. Take all the necessary steps to gather any relevant information.

5. Arrive at factual conclusions rather than legal ones. 

   
   

Use your best judgment and discretion when conducting a thorough investigation and ensure the investigation process is fair to all parties. Please keep in mind conducting an investigation requires a lot of time and thoughtful consideration. The simplified steps above make it sound far easier than it truly is. Anyone charged with investigating should have adequate experience and qualifications. For guidance, reach out to our consulting team, or connect with an attorney that specializes in workplace investigations.