Investigations involve interviewing the complainant, respondent, and witnesses, reviewing documents, and reaching findings. Promptness, thoroughness, and impartiality determine whether the investigation supports the employer's defense.
Privilege depends on whether counsel directed the investigation.
Alternative Names:
Workplace Investigation|Internal Employment Investigation
Why it Matters?
The investigation is the centerpiece of the Faragher-Ellerth defense, and one conducted promptly by an impartial investigator with documented findings establishes reasonable corrective action. An investigation that took months, was conducted by the respondent's supervisor, or reached no conclusion undermines the defense entirely. Asserting privilege over the investigation while relying on its adequacy waives protection, which is a choice that must be made deliberately.
Frequently Confused with
Related terms
Frequently asked questions
What makes an investigation support the defense?
Can privilege be asserted while relying on adequacy?
