If an egregious situation is uncovered during an investigation you would be tying your company’s hands (if your an internal investigator) or your client’s hands (if they are your client) should you document the facts in your report.
Remember, should the affected employee decide to file a lawsuit, your company would generally be liable for discrimination on behalf of supervisors and managers. If your report stated that this discrimination occurred, you would be tying your company’s hands in the courtroom. The employees’ attorney will tell the jury that the company’s own investigator admitted that my client was discriminated against.Instead, the better strategy would be to state that company policies were violated, and that the manager or supervisor acted inappropriately or unprofessionally, and leave things at that.
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