Finding the Facts - Disciplinary and Harassment Investigation

should also elicit and address any specific concerns that the complainant has regarding an investigation.

The investigation should proceed even when the alleged victim or other complainant does not request or consent to an investigation.

LCW Practice Advisor

3. W HEN S HOULD THE I NVESTIGATION B EGIN ? The investigation should start within a few days of the receipt of the complaint (if one is filed) or when the employer otherwise becomes aware of possible discrimination, harassment or other alleged misconduct. If an investigation is delayed, memories fade, evidence may disappear, and the employer may be accused of failing to take prompt and effective remedial action. The following cases illustrate this principal:

Cases on Point:

Waymire v. Harris County 14 An employer prevailed in a harassment case in which (1) the supervisor began the investigation on the day the plaintiff complained, (2) the supervisor interviewed the plaintiff, accused harasser and several witnesses within one week, and (3) the employer prepared a report regarding the investigation, forwarded it to management personnel, and reprimanded the “harasser.” Werger v. City of Ladue 15 An employer prevailed in a harassment case where (1) numerous co-workers witnessed some of the objectionable conduct, (2) the Department Head immediately separated the accused from the accusers, ending the harassing behavior, and (3) the department head conducted an immediate and thorough investigation. Carmon v. Lubritzol Corp. 16 An employer prevailed in a harassment case in which several supervisors and the personnel manager (1) met with the plaintiff the day she complained to tell her they appreciated her bringing the incident to their attention and to reiterate the policy against harassment, (2) completed the investigation within three days, and (3) reprimanded and transferred the alleged harasser, even though there were no corroborating witnesses. Steiner v. Showboard Operating Co. 17 An employee prevailed where the employer failed to promptly investigate a claim of harassment after (1) the plaintiff complained of sexual harassment, (2) the employer did not initially investigate the claim, (3) the employee filed a charge with the EEOC, and (4) the employer investigated the complaint.

Disciplinary and Harassment Investigations ©2019 (e) Liebert Cassidy Whitmore 11