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Workplace investigations didn’t constitute evidence of discrimination or harassment

November 2023 employment law letter
Authors: 

Marc A. Koonin, Duane Morris LLP

Employers frequently find themselves in no-win situations with regard to employee complaints. On the one hand, the law requires employers to investigate harassment, discrimination, and retaliation claims. On the other hand, employees who are the subject of such investigations frequently allege the investigations themselves constitute harassment, discrimination, and retaliation. A recent case shows that, although such allegations may be common, it’s difficult for an employee to actually use such investigations as evidence of unlawful harassment, discrimination, or retaliation.

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