Articles by Rachel Ablin, Esq.

A recent $11.5 million jury verdict against the Society for Human Resource Management (SHRM) sends a strong message to employers: who conducts your investigations matters. The case, Mohamed v. SHRM, resulted in $1.5 million in compensatory damages and $10 million in punitive damages, spotlighting SHRM’s mishandling of a workplace discrimination complaint.

We still remember it four months later. The question is: Having had a few months to reflect, did you, as an employer, learn from it? Do you know what your company would do if presented with the same scenario? Have you conducted a thoughtful policy review on office relationships and ensured that your handbook is up to date? 

Proper documentation is essential to effective, defensible workplace investigations. For both internal and external workplace investigators, maintaining accurate investigation records not only provides transparency but also can serve as critical protection against challenges to the impartiality or reliability of investigation findings.

This case also highlights how workplace investigations should be conducted to ensure compliance with employment laws. Employers must take harassment complaints seriously, respond promptly, and conduct impartial investigations. Failure to do so can escalate legal liability and damage an organization’s reputation. 

Both options have their benefits and challenges, and the right choice depends on the specific circumstances of each case.

Employers should be aware that several states have laws in place to protect employees experiencing domestic violence. These laws may require companies to provide victims with time off for court appearances and counseling.

Avoid scope creep in workplace investigations. Learn best practices to maintain focus, streamline issues, and finalize investigations effectively.

Retaliation complaints arise when an employer takes negative employment action against an employee in retaliation for reporting illegal conduct such as discrimination (“protected complaint”).