Why Do Employers Invest in Investigations?

Investigations are a critical part of any employment relationship. Unfortunately, many employers fail to take investigations seriously and, as a result, widespread discrimination occurs. Under the law, when an employee makes a formal or informal complaint, the employer must take steps to prevent the alleged violation, investigate involved parties, and open appropriate channels for resolving disputes. Under many federal and state laws (e.g. Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Occupational Safety and Health Act, and the Fair Credit Reporting Act), an employer has to investigate whether there is a discriminating act or if there is evidence of a violation of a federal or state law.

Investigations are used primarily as a way to protect employees from potential discrimination and other inappropriate conduct. For example, OSHA requires companies with employees of color, those working at schools that receive federal funding, assistance programs for women and minorities, and small businesses with less than 5 employees to conduct investigations of their workplace environment. An investigation can reveal discriminatory statements or actions by employees or third parties, such as co-workers, suppliers, and landlords. Also, an investigation can help the employer find out about problems or areas where he/she may be weaker in relation to other employers. Employers also use investigations to ensure that they are complying with all applicable employment laws, are making reasonable accommodations for their employees and other employees, and are following established HR procedures and practices.

An investigation can give an employee a sense of safety and security in the workplace. Knowing that their harasser or target will be caught and that they can fight back will make them feel more confident and positive about themselves. Studies have shown that when an employee knows that he/she is being investigated, they are more likely to come forward when harassed or have concerns about work quality, workplace safety, or discrimination. Investigations not only help employers resolve current problems, but also give them a plan for how to fix problems in the future. The best part about an investigation is that it can lead to a final resolution of any harassment or other inappropriate behavior in the workplace.