A Major Reminder for Employers: Workplace Investigations Must Be Done Right

Recent headlines involving the Society for Human Resource Management (SHRM), the world’s largest HR organization, offer an important lesson for all employers. A federal jury recently issued an $11.5 million verdict against SHRM after finding the organization liable for racial discrimination and retaliation. https://lnkd.in/gnZV7CpR

What made this case particularly damaging was how the internal investigation was conducted.

During trial testimony, the individual assigned to investigate the discrimination complaint admitted that:
• It was the first and only discrimination investigation he had ever handled.
• He had completed only one investigation training, just months before.
• He could not recall what he learned from that training.

These details became a central theme for the jury and a key reason the verdict was so significant. The optics were especially unfavorable because SHRM publicly positions itself as a leader in HR standards and investigative best practices. When an employer presents itself as knowledgeable in these areas, courts and juries expect the organization to meet that standard.

The message to employers is clear:
Workplace investigations are not routine administrative tasks.
Poorly executed investigations can create serious legal exposure, undermine credibility and become damaging evidence in litigation. Even well-meaning internal efforts can fail if they are conducted by individuals without the right training, experience or independence.

As laws evolve and employee expectations continue to shift, employers must ensure that investigations into discrimination, harassment and retaliation complaints are handled with professionalism and rigor.

HR Consulting Group provides trained, impartial investigation support to help employers mitigate risk and protect their organization