The Fair Employment and Housing Act (FEHA) requires California employers to conduct a timely, thorough and objective investigation into allegations of discrimination, harassment, retaliation, workplace violence and threats thereof. An employer can fulfill this mandate by conducting, or retaining an independent attorney investigator to conduct, an impartial factfinding inquiry to determine whether the reported conduct occurred, and if so, what factors likely motivated it (e.g., the reporting party's age, race, gender, sexual orientation, or protected activity, etc.). However, meeting this legal obligation is only the first step. Thoughtful employers also work to address the lingering tensions that can exist post-investigation and stand in the way of restoring a positive work environment.

After an investigation, the employer typically reports the findings to the parties involved and decides what, if any, corrective action should be taken. Because workplace investigations can involve complicated issues and events that people perceive and remember differently, and the findings are often mixed where some allegations are substantiated and others are not, one of the parties, or both, may be dissatisfied with the outcome of the investigation. Yet, the parties must often continue working together, navigating a now fraught relationship. Employees who either participated in the investigation as witnesses or heard rumblings about it through the rumor mill, may be impacted by the noticeable tension between the parties and may feel forced to pick sides. If left unaddressed, these tensions can lead to low morale, distrust of management, lack of faith in the organization as a whole and, ultimately, employee turnover.