Transcription of CONDUCTING WORKPLACE INVESTIGATIONS
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CONDUCTING WORKPLACE INVESTIGATIONS
Michael J. Torchia, Esq. 2007 CONDUCTING WORKPLACE INVESTIGATIONS Michael J. Torchia, Semanoff Ormsby Greenberg & Torchia, LLC This article focuses on threshold considerations of CONDUCTING a WORKPLACE investigation with an emphasis on the mechanics of CONDUCTING interviews. Sample forms, including sample investigative reports, are included. A. Legal Basis for WORKPLACE INVESTIGATIONS In 1998, the Supreme Court issued two landmark decisions that changed the landscape of sexual harassment law: Faragher v. City of Boca Raton, 524 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 742 (1998). Under Faragher and Ellerth, if harassment by a supervisor culminates in a tangible employment action, such as termination or a material change in duties, the employer is vicariously liable for the actions of its supervisor, without regard to whether the employer knew or should have known about the harassing behavior.
4 1203, 1209 (10th Cir. 2000) (employer’s investigation was “inadequate, if not a complete shame” where the investigator not only conceded that she did not speak with the
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