Michigan Labor & Employment Law Blog
Conducting a workplace investigation is a challenging and risk-filled endeavor for Michigan employers. Done right, an investigation can unearth important information that can help bring an end to deleterious behavior—or affirm that nothing unlawful or improper is or was taking place. In either case, an investigation can restore trust and credibility internally and externally. Done poorly, an investigation erodes trust and can result in legal and financial consequences, loss of employee morale, and reputational damage.
Employers have known for a long time the legal implications of harassment in the workplace. And, while bullying gets considerable attention in schools, it is only now starting to gain attention in the workplace. But employers must be aware that ignoring bullying in the workplace may also expose them to significant legal liability.
It is not typical that a single racial epithet used by a supervisor toward a worker is enough to establish a hostile work environment under federal labor law; however, the (liberal) U.S. Court of Appeals for the Second Circuit recently disagreed.
