A company faces challenges in handling workplace discrimination reports, with legal rulings and proposed laws shaping the need for effective internal investigations.
Workplace harassment investigations under scrutiny
A recent ruling by the Court of Cassation in January 2026 has clarified that employers are not automatically required to conduct internal investigations into harassment reports. The ruling emphasized that investigations are not mandatory if the employer already has sufficient knowledge of the facts through other evidence.New legislation proposes mandatory investigations
A proposed law, passed in first reading by the National Assembly on October 13, 2026, would require employers to conduct structured internal investigations in cases of sexual or gender-based violence. This includes measures like separating involved parties, interviewing witnesses, and submitting a detailed report within a reasonable timeframe.Value of investigations depends on quality
The effectiveness of an internal investigation is not determined by its existence but by the rigor of its methodology and the competence of the investigator. Courts assess the value of an investigation based on all the evidence presented, rather than its mere presence.Challenges in implementing investigations
Employers must distinguish between the obligation to act on reports and the absence of a general obligation to investigate. The success of an investigation depends on its methodology and the conditions under which it is conducted, rather than the form it takes.Importance of investigator independence
To ensure neutrality and credibility, the investigator must be independent and ensure the protection of all parties involved. The Defender of Rights recommends that the accused be separated from the complainant and that measures taken during the investigation do not prejudge the outcome.Legal and ethical considerations
The investigation must be conducted within the legal framework, respecting the rights of all involved. The investigator must be able to define the scope of the investigation, ensure the protection of evidence, and document every step taken. The report must be written with precision and clarity, distinguishing between facts and legal opinions.Impact on company governance
An internal investigation can go beyond finding the truth and help a company understand and improve its governance. It can reveal systemic issues and lead to changes in management practices. The credibility of the investigation depends on the independence of the investigator and the quality of the methodology used.Follow-up and implementation
After an investigation, the company must take appropriate actions based on the findings. These actions should not only address individual issues but also consider broader organizational factors. The follow-up of the investigation should be handled by a separate party to maintain independence and ensure that the lessons learned are implemented effectively.
