Recent allegations against Harvey Weinstein and other public figures should remind employers of their responsibilities to establish preventative and remedial measures against sexual harassment and other forms of workplace misconduct. This article explores the investigation process and highlights some areas of legal concern for any investigator.

Relevant Decisions In Lehmann v. Toys R Us, 132 N.J. 587 (1993), the New Jersey Supreme Court held that an employer could be liable for the sexual harassment of its employees in two ways: (1) for negligence or recklessness in failure to remediate the harassment; or (2) vicariously liability for the acts of its supervisors. However, Lehmann was ambiguous as to whether an employer could assert an affirmative defense to a claim for vicarious liability.