Recent decisions hailed as good news for employers facing sexual harassment claims have underscored what experienced counsel in such matters have known all along: Sexual harassment cases, from the employer’s point of view, pivot on the quality of the investigation conducted in response to complaints.
The fortunes of employers are to a great degree tied to the swiftness of their response to claims and the appropriateness of subsequent remedial actions. Consequently, employers should not jeopardize their position by basing crucial decisions upon an investigation conducted by company employees or legal counsel. Indeed, those who rely upon their counsel or investigative novices proceed at their own peril.
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