How to Avoid Legal Liability in Internal Employment Discrimination Investigations

Conflicts and disputes are inevitable in every employment setting because the workplace is a melting pot of people with different beliefs, cultures, and convictions. Every now and then however, complaints regarding harassment and discrimination may arise and it is the employer’s duty to resolve these issues quickly in order to avoid liability.

Under the law, it is illegal to discriminate in every aspect of employment against an employee because of that person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

Thus, employers who are bound under several anti-discrimination laws are obligated to observe and implement it in the workplace. Conducting an internal employment discrimination investigation is an integral step to resolving any complaint on workplace discrimination and harassment.

Here are tips on internal employment discrimination investigations and how employers can avoid legal liability when addressing complaints:

• Promptly investigate any claims of discrimination and employment. Most anti-discrimination laws provide that any complaint or report about discrimination should be addressed on time and thoroughly.


• Consider the person who will conduct the investigation. As internal employment investigations often involve one employee against the other or an employee against a manager or superior, there is often a perceived threat of bias or impartiality if the investigator is someone from within the same workplace or may have an interest in the outcome. Consider hiring a third party to investigate the claims to protect an impartial outcome.


• Secondly, the investigator must be someone who is well-versed in discrimination laws and who is experienced in handling such matters. Often, when the case gets elevated in court because of a disgruntled employee, this investigator may be called on as a witness so his knowledge and experience in helping prove your diligence in the said case would be instrumental.


• Keep the circle of people who know about the investigation small and confidential. The witnesses should be identified properly and the proceedings should be done discreetly so as to avoid impairing the privacy rights of both parties.


• Remember to properly document all the proceedings in the investigation. The previous behavior of the employee, the report of the incidents, interviews, or other steps taken during the investigation should be properly documented and preserved in case of litigation.


• After the investigation is conducted, responsive action must be committed. If the discrimination is proven, make sure that disciplinary acts or measures are enacted to enforce the law in your workplace and to prove that inappropriate discriminatory behavior shall not be tolerated in the workplace.