The #MeToo movement profoundly reshaped the public’s expectations of employers in terms of monitoring and sanctioning workplace harassment. Time and again, revelations of workplace impropriety result in public condemnation not only of the perpetrator, but their employer as well. While the brand damage to the company can be significant, employers must also turn their mind to the legal repercussions of deficient workplace harassment investigations.
To put such excuses before a court or tribunal would be futile. Addressing allegations of harassment will inevitably be a source of stress and consternation for everyone involved, but the fallout of a deliberate, or even innocent, failure to conduct a proper investigation can have devastating consequences, not the least of which are potentially severe financial penalties.