Guide · Labor and Employment

Harassment and Workplace Investigations: A Comprehensive Guide to Standards, Process, and Remedies

42 U.S.C. § 2000

Type
Guide
Jurisdiction
National
Date
2025-06-21
Topic
Labor and Employment

This guide states the law of workplace harassment and the practice of workplace investigations. Part 1 covers the statutory framework and the elements of a hostile environment claim. Part 2 covers employer liability, including the Faragher-Ellerth affirmative defense, the Vance definition of supervisor, and the negligence standard for coworker and third-party conduct. Part 3 covers retaliation. Part 4 covers the administrative process and limitations. Part 5 sets out the standards for a defensible investigation, from intake through report. Part 6 covers privilege, confidentiality, and preservation. Part 7 covers remedies and damages caps. Later parts address arbitration, settlement restrictions, union and public-sector overlays, and state variations.

Harassment and Workplace Investigations: A Comprehensive Guide to Standards, Process, and Remedies

Labor and Employment > Harassment and Workplace Investigations | Published 21 June 2025 - Updated 25 June 2026 | UpLaw - uplaw.us

Part 1 — The Legal Framework

1.1 Statutes

Title VII prohibits discrimination in the terms, conditions, or privileges of employment because of race, color, religion, sex, or national origin. 42 U.S.C. § 2000e supplies definitions, including the fifteen-employee threshold for "employer"; 42 U.S.C. § 2000e-2 states the prohibition; 42 U.S.C. § 2000e-3 prohibits retaliation; 42 U.S.C. § 2000e-4 establishes the EEOC; and 42 U.S.C. § 2000e-5 governs the charge process and enforcement.

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