Harassment & Discrimination Investigations

Impartial, high-stakes fact-finding to ensure FEHA and Title VII compliance. Serving employers throughout California and Arizona.

What Constitutes Unlawful Harassment and Discrimination in California

Under the California Fair Employment and Housing Act (FEHA, Gov. Code § 12900 et seq.), harassment and discrimination are unlawful when they target a protected characteristic, including race, ancestry, national origin, religion, sex, gender identity or expression, sexual orientation, age (40 and over), physical or mental disability, medical condition, genetic information, marital status, military or veteran status, and other categories defined under state and federal law.

To constitute an actionable hostile work environment, the conduct must be severe or pervasive enough to alter the conditions of employment or create an intimidating, hostile, or offensive working environment, and it must be connected to a protected category. A single severe incident, or a pattern of less severe but pervasive conduct, may each meet this standard. Conduct that is unprofessional but not tied to a protected characteristic may not be legally actionable, yet may still violate company policy; see our Bullying & Conduct Investigations page for those matters.

Employer Obligations and Liability

California employers have an affirmative obligation to take reasonable steps to prevent and promptly correct harassing and discriminatory conduct. An employer may be held liable when it knew or should have known of harassment and failed to take immediate and appropriate corrective action. A prompt, neutral, well-documented investigation is a central element of a legally defensible response and can significantly reduce exposure in litigation and agency proceedings before the California Civil Rights Department or the EEOC.

Types of Complaints We Investigate

  • Sexual harassment, including quid pro quo and hostile work environment claims
  • Harassment based on race, religion, national origin, age, disability, or other protected characteristics
  • Discrimination in hiring, promotion, discipline, compensation, or termination
  • Hostile work environment claims involving coworkers, supervisors, or third parties
  • Failure-to-accommodate and related disability discrimination concerns
  • Complaints intertwined with retaliation or whistleblower allegations

Expertise for Complex Allegations

Protected Category Analysis

Thorough evaluation of conduct related to race, gender, age, disability, and other protected classes under state and federal law.

Retaliation Investigations

Investigating claims of adverse actions taken after an employee has engaged in protected activity or “whistleblowing.” Learn more about our retaliation claims investigations.

Our Investigation Process

  • Intake and scope definition – A confidential consultation and conflict check, followed by a written scope covering the allegations and applicable policies.
  • Evidence collection – Preservation and review of emails, messages, personnel records, schedules, and comparator evidence.
  • Trauma-informed interviews – Structured, neutral interviews of the complainant, respondent, and witnesses, with each account documented in detail.
  • Credibility analysis – Assessment based on consistency, corroboration, motive, plausibility, and demeanor, applying the preponderance of the evidence standard.
  • Written findings – A clear, legally defensible report with findings of fact for each allegation and, when requested, recommendations.

When to Engage an Independent Investigator

  • The accused is an executive, manager, or HR team member; see our leadership and executive investigations.
  • Internal staff have real or perceived conflicts of interest.
  • The complaint follows earlier complaints or suggests a pattern of conduct.
  • Litigation has been filed or is reasonably anticipated.
  • Legal counsel recommends a third-party investigation for privilege or work product protection.

Defensible FEHA & Title VII Compliance

Ensure your response to harassment or discrimination allegations meets strict legal standards. Contact us to request our Harassment Investigation Intake Checklist and our California Workplace Investigation Guide.

Case Study: National Origin Harassment Complaint

The Situation

A Southern California employer received a complaint alleging that a supervisor subjected an employee to repeated demeaning comments regarding the employee’s national origin and accent, and that the conduct escalated after the employee raised concerns internally. Because the respondent was a supervisor, the company retained Allen Morris Investigations to conduct an independent investigation.

The Investigation

We interviewed the complainant, the respondent, and eight witnesses, and reviewed emails, chat messages, scheduling records, and comparator evidence regarding assignments and discipline. Each account was documented in detail, and credibility was assessed based on consistency, corroboration, motive, and plausibility under the preponderance of the evidence standard.

The Findings and Outcome

The investigation substantiated a portion of the allegations, finding that several comments occurred as described and violated company policy, while other allegations were not substantiated. The employer implemented corrective action, provided targeted harassment prevention training, and adjusted reporting lines. The documented, neutral findings enabled the employer to demonstrate prompt and appropriate corrective action under FEHA, and the matter resolved without litigation.

Frequently Asked Questions

What is considered unlawful harassment in California?

Under the California Fair Employment and Housing Act (FEHA), unlawful harassment includes unwelcome conduct based on protected characteristics such as race, religion, gender, sexual orientation, age, or disability that is “severe or pervasive” enough to create a hostile work environment.

How does an independent investigation reduce employer liability?

An independent investigation demonstrates that the employer took “immediate and appropriate corrective action.” It provides an unbiased factual record that is much more defensible in court than an internal HR review that might be perceived as biased.

What is the typical timeline for a harassment investigation?

Most harassment investigations are completed within 14 to 30 days. This includes the initial intake, witness interviews, evidence review, and the delivery of a comprehensive final report.

Are these investigations confidential?

While absolute confidentiality cannot be guaranteed due to the need to conduct a fair and thorough investigation, we maintain the highest level of discretion possible and only share information with those on a “need-to-know” basis.

Do you investigate discrimination based on age or disability?

Yes. We conduct thorough fact-finding for all protected categories under California FEHA and federal Title VII, including age, physical or mental disability, medical conditions, and genetic information.

Professional Certifications & Affiliations

Member: Los Angeles County Bar Association • Association of Workplace Investigators (AWI) • Orange County Bar Association (OCBA) • International Association of Interviewers (IAI) • San Bernardino County Bar Association • Hispanic Bar Association of Orange County • Greater Irvine Chamber of Commerce • Newport Beach Chamber of Commerce

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Protect Your Organization Today

Orange County, California (PI #27033) | Phoenix, Arizona (PI #1829951). Speak with an investigator at (949) 573-4624.