About This Resource
The investigation of harassment allegations can lead to serious defamation claims. Conducting a thorough, professional, and confidential investigation is the best way to avoid litigation from harassment and defamation.
Communications made as part of a legitimate workplace investigation are subject to the powerful protections of a qualified privilege and are exempt from liability. To prevent defamation claims, it is important to protect this qualified privilege. Examples of abusing this privilege include:
- A defamatory statement is shared with individuals who have no legitimate need to hear or read it.
- A speaker allegedly publishes a defamatory statement with malice To prevent defamation claims related to a harassment allegation, it is important to carefully follow your institution’s investigative procedures and educate participants about the need for truthfulness and confidentiality.
Other tips include:
- Keep files about the investigation separate from personnel files, in a locked area with limited access.
- Investigators should attempt to establish the accuracy of new allegations before repeating them.
- Limit the audience and the details shared with each witness.
- Appoint investigators and decision makers perceived as neutral.
Read this Risk Research Bulletin for more information on conducting an effective harassment investigation while reducing the risk of related defamation claims.