Expert Advice
Mar. 1, 2011
The Duty to Investigate
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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