An employer is not obligated to honor this kind of employee request, and, in fact, should not honor it. Employers that have knowledge of illegal conduct, discrimination or harassment can be liable for those actions, unless they have taken reasonable steps to discontinue and even prevent them. Also, it is not only good employment practice, but it is fair to allow the accused equal time to give his/her side of the story as well as the opportunity to face his/her accuser(s).

Rather than guarantee complete confidentiality to any employee, the employer should try to reassure the employee that the matter will be taken seriously and dealt with in the manner that best serves all parties involved. In any event, an employer should investigate the matter, reach a reasonable conclusion and take appropriate actions based on that conclusion.

The investigation should include the following steps:

• Employee interview, including a reminder that the investigation will be handled in as confidential a manner as possible.
• Witness interviews, during which witnesses should be told not to discuss with anyone the events under investigation and should be assured that adverse employment actions will not result from their cooperation.
• Interview of the accused party, reminding him/her that everyone is presumed innocent.
• The employer should prepare a written statement of the complaint and have the complaining employee sign it. The employer also should keep notes during all interviews.

The conclusion reached must be based on the evidence gleaned from the investigation and should be based on the “preponderance of evidence” standard. Proof beyond a reasonable doubt is generally not required.

After the investigation is concluded, the employer should inform the parties involved of the results reached. If it appears the employee's complaints are legitimate, the employer should take immediate action to remedy the situation, including discipline if necessary.

 
Please Note: This material is provided as general information and is not a substitute for legal or other professional advice. Contact the Knowledge Center for more information.
 

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