Sexual Misconduct: Lessons Learned from Investigations in the Workplace

Abstract

Since the Fall of 2017, in the wake of the burgeoning #MeToo movement, outside investigators have been called on to gather the facts in response to an avalanche of sexual misconduct allegations in workplaces. This article is based on lessons we have learned from our investigative work and noted from the coverage of investigations that have been launched in the U.S. and around the world. We will focus on best practices for in-house counsel, human resources, and workplace investigators on how to effectively investigate the allegations, preserve evidence and identify who should be interviewed.