Determining who should conduct the investigation is the top priority of the planning process. Employers have two options, either select an internal investigation such as human resources personnel or designated manager or select an external investigator. If an external investigator is used, the person must be a licensed attorney or a licensed private investigator as required under state law (see Harassment Investigation Overview).

When selecting the investigator, ensure that the person has the experience or expertise required to conduct the investigation, such as:

An understanding of the California Fair Employment and Housing Act;
Interview experience along with an understanding of interview techniques for establishing a rapport with interviewees;
Ability to accurately and concisely document interviews and findings; and
Critical thinking skills and the ability to analyze information objectively.

Impartiality is also key for selecting the appropriate investigator based upon the complaint. You must consider the following to mitigate against bias in the investigation:

Does the investigator have a personal relationship with any of the parties to the complaint?
Is the investigator investigating someone within the investigator's chain of command?
Does the investigator have a prior history of investigating the complainant's allegations?
Have their been prior complaints of bias by the complainant against the investigator?

Select the Sexual Harassment Investigator

Harassment Investigation