The CHRA prohibits harassment in employment and in the provision of services based on one or a combination of the 13 prohibited grounds of discrimination. Where they fail to take appropriate steps to prevent, identify and address workplace harassment, employers can be held legally and financially responsible. In the pages that follow, we will provide some working definitions of these terms, according to human rights law. At this stage, the employer should not try to determine if the allegations are true. The investigation, typically conducted by an investigator and not the employer, should also provide a thorough account of whether appropriate steps were taken by managers to address the alleged conduct leading up to the initiation of an investigation. The purpose of the investigation is to gather and review information about the allegation and determine whether the harassment or violence has in fact occurred.

The case studies above reveal several recurring themes and actionable lessons for organizations seeking to strengthen their workplace investigation processes in 2025 and beyond. The case demonstrates how organizations can mitigate legal risks, improve employee trust, and enhance their public reputation by responding to discrimination and retaliation claims with transparency and accountability. Recognizing the potential severity of the situation, the company’s HR and legal teams collaborated to conduct a comprehensive investigation. Discrimination and retaliation remain persistent workplace issues, often resulting in significant legal and reputational risks for organizations. Following the event, hotel management launched a comprehensive workplace investigation to determine the root causes and to prevent future incidents. The leadership’s decisive actions not only resolved the specific complaint but also https://newmarch.org/can-ethical-business-practices-lead-to-better-profitability/ demonstrated a commitment to a safer, more inclusive workplace.

HR escalates the findings to leadership and works with them to revisit the promotion process, resulting in updated hiring training and a new review panel for future promotions. HR meets with Jane to understand the situation and then interviews John and several teammates. Even if the outcome isn’t what every party hoped for, a thoughtful process helps build confidence in HR and leadership. A well-run investigation shows that concerns matter.

Document the findings of your investigation

Conducting a workplace investigation involves several critical steps, from planning and evidence gathering to interviewing witnesses and reporting findings. It is most useful for the investigator to make general recommendations https://higgertylaw.ca/blog/what-is-an-employment-standards-officer-inspection that can be applied by the employer based on the specific context and conditions of employment. They must provide their final report to the employer, the principal party, and the responding party. An NDA typically refers to a provision within a settlement agreement between a principal party and an alleged responding party. The investigator should gather the information they feel is necessary and should then determine the issues based on their own evaluation of that information. The principal party and the responding party are entitled to be accompanied or represented at any stage of the investigation process.Footnote 19 Where a party is a member of a union, they may choose to be represented by their union.

Step 3: Evidence Collection & Review

PK Wong LLC (“PKW”) is the constituent Singapore law practice of our licensed joint law venture in Singapore, Mayer Brown PK Wong Pte. This Employment Investigations Checklist outlines key steps for employers to consider when faced with an internal employment investigation. It is not meant to be comprehensive, as each internal investigation must be tailored at the outset to the specific circumstances and issues implicated by the particular complaint. When the situation demands, we can play a background or supporting role, offering counsel and advice to the company’s internal investigators without conducting interviews ourselves. Our team can coordinate the collection and review of relevant electronic and hard-copy documents, conduct witness interviews, and, if appropriate, draft a written report of the investigation findings.

• Whether it’s scaling your business, managing teams, or navigating new legal terrain, our support can help you unlock your organisation’s full potential.
• When you follow consistent investigation processes, you demonstrate your commitment to addressing workplace concerns with integrity and professionalism.
• The EEOC encourages consistent methodology—templates, trained interviewers, and clear documentation all contribute to fairness.
• Our investigation management platform standardizes the entire investigation process, ensuring every case follows best practices from intake to aftercare.
• Collective bargaining agreements (CBAs) typically spell out timelines, required documentation, and arbitration steps.
• It’s also essential to document everything meticulously, as this information will form the basis of the investigation’s findings.

Effective investigations require a thorough and impartial approach to gathering and evaluating evidence, interviewing witnesses and parties involved, and making fair and objective decisions based on the facts. Our secure, centralized system helps your team track complaints, evidence, interviews, timelines, and outcomes, all while maintaining role-based access controls and audit-ready records. As a natural result, they’re also acting to protect valuable employee trust by demonstrating consistent practices. Collective bargaining agreements (CBAs) typically spell out timelines, required documentation, and arbitration steps. These processes are legal and ethical obligations that help organizations avoid discrimination, retaliation, or unfair labor practice claims.

Arbitration itself is common in unionized environments or employment agreements. Failures in consistency or documentation can quickly escalate internal disputes to arbitration or litigation. Employers must ensure that managers and HR staff follow these rules carefully to avoid liability.

Establish objectives

They kept me in the loop with all the details and supported me along the way until I received my settlement. Extended delays without explanation may raise concerns, especially if they cause harm to the employee involved. Investigations are meant to maintain a lawful environment, but they can place workers in jeopardy.

Thank the Individual for Reporting the Concern

• Conducting a workplace investigation is a complex but essential process for ensuring a safe, fair, and compliant work environment.
• This helps focus the investigation on relevant information and ensures the report aligns with the specific nature of the issue.
• “Certifications are helpful, but they’re not, in my opinion, as important as good experience in lots of different areas and organizations,” said Julia.
• We cannot reply – so do not include any personal details, for example your email address or phone number.
• Using a consistent methodology demonstrates that a structured process is in place by your organization to deal with these situations in a fair and credible way.
• As the investigative report contains factual conclusions only, you may want legal advice as to next steps when the investigation is concluded.

These updates should include information about the progress of the investigation, including the next steps and (where possible) the expected timeframes. NDAs are highly discouraged unless the principal party has access to adequate legal representation and/or advocacy. They may also prevent organizations from adequately addressing systemic or repeated issues. Depending on how they are worded, NDAs can limit the principal party’s ability to discuss with anyone their allegations, the information related to the allegations, the content of the settlement agreement, and the fact that a settlement was reached. As a good practice, the investigator should request that the participant provide a copy of the recording as well as any transcription of the recording to the investigator.

What is a poisoned work environment

• The case demonstrates how organizations can mitigate legal risks, improve employee trust, and enhance their public reputation by responding to discrimination and retaliation claims with transparency and accountability.
• Failures in consistency or documentation can quickly escalate internal disputes to arbitration or litigation.
• This section should be concise yet comprehensive, focusing on critical insights without overloading the reader with unnecessary details.
• Effective investigators possess an in-depth understanding of workplace rules and regulations.
• The agency leadership realized the gravity of the claims and immediately initiated a thorough workplace investigation, following best practices and federal guidelines.

It is a best practice for an employer to seek the expertise of an impartial investigator. It can also involve a meeting with a third party (such as a facilitator, mediator or conciliator),Footnote 9 who helps both parties arrive at a resolution that works for everyone. Where appropriate, informal resolution can provide an opportunity to resolve a dispute in a mutually respectful manner, while preventing an escalation of the situation. When comments or conduct of this kind have an influence on others and how they are treated, this is known as a poisoned environment.

Below are a few examples of situations that may warrant an HR investigation. As such, it can help build trust in HR’s ability to manage workplace concerns fairly and effectively. Be sure to include a section to document any follow-up actions, which you can fill in later. These could include disciplinary measures, additional training, policy updates, or other steps to resolve the issue and prevent reoccurrences. Review all the evidence and interview notes to determine what has been proven, what remains unclear, and whether the allegations are substantiated. It also helps you track whom you need to interview and who may have valuable insights relevant to your investigation.

How do you make findings of fact as part of the investigation?

The investigator also needs to inform the employee being investigated about the reasons behind the investigation, what will happen in the inquiry, and possible next steps. Other organizations will hire external investigators to support, especially when the case is more complex or involves senior staff members. However, it is essential to note that not all the facts are in at this stage of the process, so any steps taken must not be perceived as the final decision. If you want to conduct fair, objective HR investigations, you need to have a standardized process with outlined steps in place.