Skip to content
Legally required

Workplace investigations: why objectivity is the whole point

By Tamara Keller, Esq.1 min readFree to read

California employer guidance

No statute lists the steps an investigation must follow. FEHA case law still requires one to be prompt and objective once the employer is on notice, and an investigator too close to the people involved undermines the finding whatever it concludes.

An investigator compares interview notes with workplace records, giving each source equal attention.

When a serious complaint comes in (harassment, discrimination, misconduct), the instinct is often to handle it internally and quickly. But an investigation run by someone too close to the people involved, even with the best intentions, can leave everyone doubting the outcome: the complainant, the accused, and the rest of the team watching how it's handled.

A neutral investigation isn't about outsourcing responsibility. It's about protecting the integrity of the process itself, so the conclusion holds up and people trust it.

What you can do

  1. Have a clear, written process ready before you need it, so a complaint doesn't trigger a scramble to figure out what happens next.

  2. Bring in a neutral third party for anything serious, especially when the accused has authority over the complainant or when in-house HR has a personal connection to either party.

  3. Communicate outcomes and next steps to everyone involved within a reasonable timeframe, even if you can't share every detail of the findings.

Need help applying this to your workplace?

Discuss your situation
CallText