QUESTION

We are a small company and do not have a human resources professional; how do we investigate the claim of sexual harassment brought by one of our employees?

Ideally, even small businesses should have a designated person (or persons—more than one is best practice) to whom complaints of discrimination and harassment can be brought. If those people have not conducted an investigation before, there are many options (including pulling in outside counsel to guide in how to conduct the investigation or even to take the lead).  It is important to act promptly.  Interviews will need to be conducted and documentation collected and kept.  Everything should be done with as much confidentiality as possible, and a determination and decision about what actions should be taken will need to be made at the conclusion of the investigation.

ASG Law offers legal advice for employers.