Am I Required to Investigate?

There are several federal laws that require or encourage employers to conduct workplace investigations. These laws largely relate to discrimination, workplace safety, and regulatory compliance. Here are some of the laws that may require your organization to launch an investigation:

Employment Laws

Title VII of the Civil Rights Act imposes a duty on employers to investigate complaints of discrimination on the basis of race, color, religion, sex, and national origin. Sex includes gender, gender identity, pregnancy, and sexual orientation. Pennsylvania is an at-will employment state, which means that an employer may terminate an employee for any reason. However, employers may not terminate employees for discriminatory reasons on the above mentioned bases. Title VII also requires employers to investigate sexual harassment complaints in the workplace.

The U.S. Equal Employment Opportunity Commission (EEOC) requires an employer to conduct a prompt and adequate investigation when it has been placed on notice of alleged discrimination or harassment. “The investigation…should be conducted by an impartial party and seek information about the conduct from all parties involved….Whoever conducts the investigation should be well-trained in the skills required for interviewing witnesses and evaluating credibility.” Id.

Title IX

Title IX, the federal law that prohibits sex discrimination in schools and other education programs that receive federal funding, requires an investigation of such complaints. As set forth in a recent SMGG blog on this topic found here (2024 Title IX Regulations: “Off the Books”), a recent court decision ordered vacatur of the 2022 Title IX regulations, meaning that the 2020 Title IX final rule as well as the prior Title IX regulations are in effect. Conducting an appropriate Title IX investigation and following the appropriate guidelines has been a bit of a roller coaster over the past few years, and legal consultation is recommended if you are faced with a Title IX complaint.

Workplace Health and Safety

The Occupational Health and Safety Act (OSHA) requires that employers conduct investigations to ensure compliance with OSHA regulations. This includes maintaining accurate reports and records relating to workplace conditions, accidents, injuries, illnesses, and employee exposures to hazards. These reports may be required by the Department of Labor when inspecting workplaces, conducting investigations, and enforcing compliance.

Other Reasons to Conduct Investigations

Some entities have internal policies that may dictate the circumstances under which investigations should be conducted. Other times, it is just the right thing for the organization to do. In other words, the lack of an affirmative formal legal duty to investigate does not mean that you, as an employer, shouldn’t investigate.

Developing a thorough internal investigation process should be a best practice. Investigations assist employers in taking appropriate corrective measures, if necessary, and may also help employers avoid liability if complaints proceed to litigation. Liability, in many instances, can be avoided or diminished if the employer demonstrates that it accomplished an immediate and thorough investigation followed by appropriate corrective action. Doing so creates an affirmative defense to discriminatory harassment liability for employers. Faragher v. City of Boca Raton, 524 U.S. 755 (1998); Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998); EEOC Enforcement Guidance on Retaliation and Related Issues.

Strassburger McKenna Gutnick & Gefsky’s Independent Investigations group is equipped to manage urgent and complex investigations for public entities, private companies, educational institutions, and nonprofit organizations. If you are in need of independent investigation services, contact Gretchen E. Moore at gmoore@smgglaw.com, or any attorney in our Independent Investigations group.

This blog was co-authored with SMGG law clerk Krystel Becker, candidate for J.D., May 2025, at the University of Pittsburgh School of Law.

Back to News & Resources