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Expert Advice

Mar. 1, 2011

The Duty to Investigate

by Louis C. Klein

Employers who promptly and earnestly investigate accusations of wrongdoing in the workplace fare much better in court than those who don't. An employer's duty to prevent harassment and discrimination is both affirmative and mandatory (Cal. Gov. Code § 12940(j),(1) & (k)), and the failure to investigate may amount to employer ratification of the underlying conduct (Swenson v. Potter, 271 F.3d 1184,...

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