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The recent allegations against Harvey Weinstein and other public figures have brought the issue of sexual harassment to the forefront of public attention. This news should remind employers of their responsibilities to establish preventative and remedial measures against sexual harassment and other forms of workplace misconduct. While New Jersey courts have long mentioned the responsibility of employers to investigate allegations of sexual harassment, relatively little guidance exists as to what constitutes an effective investigation. This article explores the investigation process and highlights some areas of legal concern for any investigator.
