Leverage the ‘honest-belief rule’ when conducting workplace investigations

Conducting investigations of disputed workplace events is a routine responsibility for HR leaders. Faced with disputed facts, employers can make reasonable fact determinations based on a diligent probe and still obtain summary dismissal of a discrimination claim. A recent decision from the U.S. 6th Circuit Court of Appeals confirms how employers can best ensure the results of their investigations are respected and upheld.

Facts

A supervisor was terminated for combative behavior and profane language aimed at a direct report who failed to complete a task assigned to him. During the investigation, the employee who was yelled at neither confirmed nor denied the allegations but instead was dismissive of them. The supervisor completely denied the incident occurred and claimed he would never use profanity with a subordinate coworker.

In separate interviews, however, three uninvolved bystander witnesses provided consistent accounts of what transpired. Each confirmed the supervisor had yelled at his team member in a combative manner using profanity.

6th Circuit’s decision