Workplace investigations are not just about resolving disputes—they’re about protecting your business. A well-documented investigation can serve as a legal defense in claims of discrimination, harassment, retaliation, or wrongful termination. The Equal Employment Opportunity Commission (EEOC) and Arizona Civil Rights Division (ACRD) both expect employers to take “prompt and effective remedial action” when such complaints arise.
Most Arizona employers are subject to both federal and state anti-discrimination laws, including Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.) and the Arizona Civil Rights Act (A.R.S. § 41-1461 et seq.). These laws, among others, require employers to investigate complaints of discrimination, harassment, and retaliation.
The Association of Workplace Investigators (AWI) outlines guiding principles for impartial investigations, emphasizing confidentiality, neutrality, and thorough documentation (AWI, 2025: https://www.awi.org/page/Guiding_Principles).
Best Practices for Arizona Employers:
1. Act Quickly: Begin the investigation as soon as a complaint is received.
2. Choose a Neutral Investigator: Use HR, legal counsel, or a trained third party.
3. Maintain Confidentiality: Share information only on a need-to-know basis.
4. Document Everything: Keep detailed notes of interviews, findings, and actions taken.
5. Follow Up: Communicate the outcome and monitor for retaliation.
Arizona employers should maintain clearly defined internal workplace policies, periodically review those policies, and train managers on how to handle complaints. A proactive approach can prevent potentially minor issues from becoming costly legal battles. When in doubt, employers should err on the side of caution and seek the assistance of experienced legal counsel.