Respectful Investigation Of Sexual Misconduct

A process that was difficult but more or less routine has become a minefield, with uncertain outcome and potential legal liability from multiple directions. There is, among other things, the risk of a defamation suit, as well as the risk of reputational damage. This Today’s General Counsel article provides some guidance on how to avoid some common pitfalls, addressing among other things the implications of reporting lines in sexual misconduct investigations and the importance of carefully crafted communications, both internal and external. It also warns against overreaction by “impulsively imposing new policies that would impede productive workplace interactions.”