Workplace Investigations: How to Get It Right

[...]party investigation Colaizzi instructed that a third-party investigator is almost always necessary in these circumstances. [...]party reports Are there any additional or different steps that an employer should take when a discrimination or harassment "incident" is reported by a vendor, a customer, or other internal party who may have witnessed or heard about it? The plan will bring focus to your investigation. a. Review relevant company policies, Code of Conduct, handbook, collective bargaining agreement, etc., to determine if there are substantive and/or procedural requirements regarding investigations and reporting. b. Draft the investigation plan (documents to be collected and reviewed, research needs, witnesses to be interviewed, order of witness interviews, and who will conduct these efforts). c. Revisit the plan often as the investigation unfolds. d. Determine what kind of report will be provided at the end (verbal or written) and whether interim reports at key junctures are needed. Determine reporting obligations both inside and, if applicable, outside the organization. a. Whether self-reporting to governmental entities, law enforcement, or other authorities is appropriate. b. Whether to report internally (e.g., Board of Directors, executives).