Under the Massachusetts Anti-Discrimination law, Title VII, the Americans with Disabilities Act, and other employment laws, employers have a duty to investigate complaints of discrimination and sexual harassment. The purpose of an investigation is to get to the factual bottom of the allegations to inform adequate remedial steps to address the situation. Since every complaint has the potential to become a lawsuit, it is imperative that the company act decisively and swiftly to ensure a prompt and effective investigation.
The attorneys at Rodman Employment Law are skilled at workplace investigations. In addition to understanding employment law, our attorneys are objective, detail-focused, and possess the soft skills necessary to conduct interviews and build rapport. There are many benefits to retaining us for investigations:
The Massachusetts Supreme Judicial (SJC) established a two-part test to determine whether a plaintiff is entitled to punitive damages based on a sexually hostile work environment created by another employee. Emma Gyulakian v. Lexus of Watertown, Inc., et. al., 475 Mass. 290 (2016).
The test first asks whether the employer had notice of the harassment and failed to take adequate steps to investigate and remedy the situation. Second, was that failure to investigate “outrageous or egregious.” The SJC relied on a set of factors it outlined in precedent: