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.
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