Documenting an Internal Investigation into a Sexual Harassment Complaint

While many companies hire outside counsel to conduct investigations into sexual harassment complaints, other companies conduct investigations internally. When conducting an internal investigation, the investigator must document every aspect of the investigation. Appropriate documentation will help the company defend itself should it later be challenged by either the alleged harasser or the person making the complaint.

The investigator should ask many detailed questions in each interview; the goal should be getting firm dates, times, locations, and other specific facts about the alleged conduct. The investigator should take clear, detailed notes (including direct quotes) and keep an organized file. As the investigation closes, the investigator should compile the evidence into a single document. Whether this document is a spreadsheet, a timeline, or another document, it should enable the investigator to see all the facts in one place.

Sometimes, an investigator uncovers disturbing information about the company’s practices or learns information that casts a shadow on high-performing employees who are not the investigation’s target. This information, even if it is merely tangentially related to the matter under investigation, should not be glossed over. All information should be included in the file.

To speak to a Dallas, Texas employment lawyer about a workplace investigation, contact Clouse Dunn LLP. Send an email to debra@clousedunn.com or call (214) 239-2705.