Employment Issues: An Employer’s Obligation to Investigate
Make sure you are in compliance when it comes to employee investigations.
When an employer learns of allegations of misconduct, it should take prompt corrective action that is reasonably calculated to end the misconduct. If an employer is to avoid liability for hostile environment sexual harassment, it is obligated to take prompt and effective remedial action whenever it knows or should know of such conduct. Some state laws go even farther. This white paper reviews why employer’s investigation under the law of most states need not be perfect nor must it even reach the correct factual result and discusses is an investigation can be a defense to a lawsuit.
Of counsel in the law firm of Jones Day’s San Diego office
Has represented employers for more than 40 years and has advised employers concerning dozens of complaints of sexual or other unlawful harassment, many of which resulted in litigation
Fellow of the College of Labor and Employment Lawyers and has been recognized since 1993 in The Best Lawyers in America
For many years has presented for Lorman Education Services on conducting internal investigations of employment claims
In the 1990s he was part of a team that provided anti-harassment training to the court staff and justices of the California Courts of Appeal and the California Supreme Court
Recently co-wrote a paper analyzing the California Fair Employment and Housing Council’s regulations on discrimination and harassment
Currently the amicus coordinator and a former chair of the Employers Group Legal Committee, a group of 18 prominent California lawyers who represent the interests of employers, as amicus curiae, in important employment and labor cases before the California and federal courts; in that capacity he was the author of a successful amicus brief in the important harassment case of Lyle v. Warner Brothers, in which the California Supreme Court addressed claims of environmental harassment involving the Friends television show