As employers in California, it is essential to understand your legal obligations and rights when it comes to initiating and conducting workplace investigations. The Fair Employment and Housing Act (FEHA) and the new provisions under Senate Bill 553 set clear standards for when and how employers must act. Adhering to these standards is critical to protecting your organization from potential liabilities.

When is an Investigation Required?
An investigation becomes necessary when you’re made aware of allegations that could constitute breaches of policies related to discrimination, harassment, retaliation, or similar misconduct under FEHA. Formal complaints and credible informal reports or observations trigger this requirement. With the implementation of sb553, the mandate for a prompt and thorough investigation process has been strengthened, underlining the importance for immediate action.

Steps to Protect Your Organization:

Immediate Action: Upon learning of a potential violation, quickly evaluate the need for an investigation. Timeliness is crucial to protect your organization from increased liability.

Choosing an Investigator: It’s critical to select an impartial and skilled investigator. For complex or sensitive cases, consider hiring an external investigator to ensure a higher degree of neutrality and expertise.
Effective Investigation: The investigation must be as thorough, fair, and completely confidential as possible. Collect comprehensive evidence, interview all relevant parties, and document every step meticulously.
Appropriate Responses: Based on the investigation’s findings, implement suitable corrective measures to rectify issues and prevent future occurrences. This might include modifying policies, conducting training sessions, or enforcing disciplinary actions.

Documentation and Compliance: Maintain detailed records from the initiation of the complaint through to the conclusion of the investigation and subsequent actions. These documents are crucial for compliance and essential for defending against any subsequent legal challenges.

As an employer in California, ensuring that your practices align with state laws will safeguard your organization and promote a positive work environment.