Handling a Harassment Complaint: Investigation Basics

A defensible workplace investigation is prompt (started quickly), thorough (all relevant witnesses and evidence), impartial (no pre-judged outcome, conducted by someone without a conflict), and well-documented, with outcomes applied consistently. The goal is a reasoned, good-faith conclusion — not a predetermined one.

• 1. Take it seriously and act fast. Acknowledge the complaint; don't dismiss or delay.
• 2. Consider interim measures. Separate the parties if needed — without punishing the complainant.
• 3. Plan the investigation. Identify the allegations, witnesses, documents, and a neutral investigator.
• 4. Interview. Complainant, then respondent, then witnesses — open-ended questions, contemporaneous notes.
• 5. Gather evidence. Emails, messages, schedules, prior complaints.
• 6. Reach a reasoned conclusion. Apply a “more likely than not” standard to the facts.
• 7. Take appropriate action and document. Remedial/disciplinary action proportionate to the findings, and close the loop with the parties (without breaching others' privacy).

Retaliation against someone who complains or participates in an investigation is independently unlawful (Gov. Code §12940(h)) — and retaliation claims are often easier to prove than the underlying complaint. Tell everyone involved that retaliation is prohibited, and watch for it.

Involve employment counsel or a trained outside investigator when the complaint involves an executive, alleges serious misconduct, is likely to lead to termination, signals potential litigation, or where impartiality could be questioned. Maintain confidentiality to the extent possible throughout.