Important Reminders for Effective Workplace Investigation Policies
By Storm B. Larson and Brian P. Goodman
Sometimes, employees make passing references to incidents that sound like they qualify as harassment or discrimination. An employee may not understand that when they bring these situations up, an employer has an obligation to investigate to ensure that the issue has been resolved to protect both the employee and company from ongoing legal risk.
A well-drafted anti-harassment policy will contain a provision which states that employees have an obligation to cooperate with the employer's efforts to investigate allegations of workplace harassment and discrimination. Such a provision makes clear that an employee cannot make accusations and then refuse to assist the employer in resolving the matter and it gives the employer a legitimate basis for imposing discipline against any individual who refuses cooperation.
If an employee refuses to cooperate in an investigation after making accusations of harassment or discrimination, employers must proceed cautiously and should proceed with the assistance of legal counsel to assess any appropriate consequences for individuals who obstruct or otherwise refuse cooperation with a workplace investigation. 
This post is locked to comments.
