Estimated reading time: 17 minutes

Key Takeaways

• The short answer to “when an employer investigates a report of sexual harassment, they may use _____ as an investigator” is: an external investigator. Employers may also use trained internal HR, compliance, or legal staff if they are impartial and properly qualified.

• Legally sound investigations are prompt, thorough, objective, and led by a trained, unbiased decision-maker, consistent with the EEOC’s enforcement guidance and workplace investigation best practices.

• Employers should have a written policy with a clear complaint procedure and investigation steps, as emphasized by employment-law and HR resources such as Mitchell Williams and SHRM’s sample policy.

• Core steps include intake, selecting an investigator, interviewing parties and witnesses with consistent questions, reviewing documents and digital evidence, reaching findings, and taking corrective action without punishing the complainant.

• Employees should know their rights and options during an investigation, including how to document, report, avoid retaliation, preserve evidence, and when to seek legal help if the process feels unfair.

Table of Contents

• Introduction

• Quick Answer: Who Can Investigate a Sexual Harassment Report?

• Legal Standards for Fair, Defensible Investigations

• Internal vs External Investigators: How Employers Decide

• Step-by-Step Investigation Process

• Intake and Immediate Safety Measures

• Selecting and Scoping the Investigation

• Interviews and Questioning Techniques

• Evidence Collection and Documentation

• Findings, Reports, and Corrective Action

• Safeguards During the Investigation

• Impartiality and Conflict Checks

• Confidentiality and Privacy Limits

• Protecting Against Retaliation

• Interim Measures That Don’t Punish Complainants

• Common Pitfalls and How Employers Avoid Them

• What Employees Should Do During an Investigation

• Special Scenarios: Remote Work, Third Parties, and Public Employers

• Conclusion

• FAQ

• What does “external investigator” mean?

• Can my employer make me move or change shifts during the investigation?

• How long should a sexual harassment investigation take?

• Do I need a lawyer during a workplace investigation?

• What if the alleged harasser is a client or vendor?

Introduction

Employees often ask a deceptively simple question: when an employer investigates a report of sexual harassment, they may use _____ as an investigator. In practice, the answer informs whether the process feels fair, safe, and effective for everyone involved.

At a basic level, the blank is commonly filled with “an external investigator.” That can be a strong choice when neutrality or expertise is in doubt. But an employer may also use trained internal HR, compliance, or legal staff—provided they are impartial, qualified, and free of conflicts. Either way, sexual harassment investigations must be prompt, thorough, and unbiased to meet legal and policy standards. Sexual harassment is a form of sex discrimination, and the stakes are high for employees and employers alike.

This guide explains who can investigate, how investigators are chosen, what a defensible process looks like, how to protect yourself during an investigation, and where to find more help. If you need a deeper background on definitions and legal protections, see our overview of workplace sexual harassment, including quid pro quo and hostile environment.

Quick Answer: Who Can Investigate a Sexual Harassment Report?

For the fill-in-the-blank question—when an employer investigates a report of sexual harassment, they may use _____ as an investigator—the straightforward answer is “an external investigator.” Some sources present that as the best one-word choice; for example, a Q&A notes the answer is an external investigator. But in real workplaces, the right decision depends on facts, resources, and conflicts of interest.

Well-run investigations can be handled internally or externally. Best-practice frameworks document the choice point—“Choose an investigator”—as a critical step in the process. HR-focused roadmaps emphasize that step explicitly, urging employers to move fast, pick the right person, and set a clear plan (see Axcet’s investigation steps that include choosing an investigator and HR Acuity’s intake-to-interview approach).

What matters most is compliance and quality: the EEOC’s guidance stresses that the assigned investigator must be trained on harassment law and investigation techniques—and must be impartial and unbiased. If internal HR cannot credibly meet those standards, the employer should consider bringing in an external investigator such as outside counsel or a specialized third-party professional.

Legal Standards for Fair, Defensible Investigations

Several legal and practical standards apply regardless of who conducts the investigation. Investigations should be prompt, thorough, and objective. The Texas Workforce Commission’s guidance on workplace investigations highlights the need to protect privacy appropriately and discover the underlying facts through an objective process. The EEOC’s harassment guidance adds that the investigator must be trained and impartial.

State civil rights agencies echo the importance of speed and seriousness. California’s Civil Rights Department notes that a prompt investigation helps stop harassment, demonstrates the employer takes the complaint seriously, and preserves evidence. At the policy level, SHRM’s sample sexual harassment policy and legal commentary from firms such as Mitchell Williams reinforce that employers should have a clear, written complaint and investigation procedure.

Credibility decisions are often unavoidable. HR experts caution that investigations sometimes “boil down to” credibility assessments and provide best practices for doing so fairly and consistently (see SHRM’s guidance on proper workplace investigations). The bottom line: a process that is trained, impartial, timely, and well-documented is more likely to be defensible and effective.

Internal vs External Investigators: How Employers Decide

Internal investigators typically include HR, compliance, employee relations, or in-house counsel. External investigators include outside employment counsel, specialized investigation firms, or experienced HR consultants. A practical roadmap from Axcet frames the decision as a discrete step—“Choose an Investigator”—and guides employers to move quickly and pick qualified personnel.

HR Acuity’s investigation walkthrough emphasizes a consistent, step-by-step method, from intake to interviews and evaluation. When internal resources are limited or conflicts exist, external help is often the best choice. That’s why many fill‑in‑the‑blank or certification-style questions highlight “external investigator” as a model answer.

Key factors in the decision include:

• Neutrality and perceived fairness

• Training and experience in harassment investigations

• Confidentiality and privilege concerns

• Caseload and speed

• Potential conflicts or power dynamics (e.g., allegations against senior leadership)

Regardless of choice, the EEOC standard applies: the investigator must be trained, impartial, and unbiased. For a deeper policy foundation, see sample policies that codify complaint and investigation procedures and legal advisories urging employers to keep a clear internal complaint path (e.g., Mitchell Williams).

Step-by-Step Investigation Process

Different organizations publish similar step maps. Axcet outlines 13 practical steps (including complaint acknowledgment, timely action, investigator selection, and familiarizing the investigator with policies and law). HR Acuity structures the flow from intake to interviews and analysis. Government and university resources add details on whether to investigate, how to run interviews, reach conclusions, and write reports.

Below is a consolidated framework that reflects core best practices from these sources and dovetails with agency guidance.

Intake and Immediate Safety Measures

When a complaint arrives, the first priority is safety and respect. HR should acknowledge receipt quickly, review any immediate risks, and determine interim measures that protect all parties without penalizing the complainant. Step-by-step resources like HR Acuity’s sexual harassment investigation guide and Axcet’s 13-step checklist emphasize moving quickly and documenting every step.

Public employer directives provide structured reporting pathways. For example, the District of Columbia’s E‑DPM clarifies what constitutes sexual harassment, how to file, and agency steps for handling sexual harassment reports and investigations. That kind of formal roadmap helps ensure consistent intake and a fair start to the process.

If you are unsure how to escalate your concerns beyond your employer’s policy, see our practical guide on reporting a hostile work environment, which walks through documentation, reporting channels, and anti-retaliation protections.

Selecting and Scoping the Investigation

Next, the organization selects an investigator—internal or external—and defines scope. The EEOC guidance makes the threshold criteria explicit: the investigator must be trained in harassment law and investigative techniques and must be impartial and unbiased, as summarized in the EEOC’s harassment guidance.

Scoping includes identifying allegations, potential policy violations, relevant timeframes, likely witnesses, and information sources. University and public resources detail this planning phase; the Oregon Tech guide describes determining whether an investigation is needed, planning the steps, and ultimately reaching conclusions and writing a formal report.

Some workplaces will choose “an external investigator”—the one-word answer often expected for the fill‑in‑the‑blank question—especially where neutrality is paramount. That decision can strengthen credibility in sensitive or high-profile matters.

Interviews and Questioning Techniques

Interviews should be private, respectful, and consistent. Many public-sector policies require a private interview with the complainant and witnesses and a review of relevant materials; Massachusetts guidance explains that sexual harassment investigations include private interviews and document review.

Investigators often use standard sets of questions for each party. Traliant compiles EEOC‑approved interview questions that follow the “who, what, when, where, and how” format for complainants and witnesses, and appropriately structured questions for the respondent. Structured questioning improves consistency and reduces bias.

For employees, interview preparation is stressful. If you are called into HR, understand your rights during a workplace investigation, including how to ask clarifying questions, bring relevant documents, and avoid retaliatory dynamics.

Evidence Collection and Documentation

Beyond interviews, investigators collect documents, emails, messages, calendar entries, photographs, and system logs. Good practice involves contemporaneous notes and reliable chain-of-custody for digital files. A procedural resource from Oregon Tech highlights identifying needed components, conducting steps methodically, and drafting a formal report with conclusions.

Practical tip: Before recording any conversations to preserve evidence, review your state’s consent rules and employer policies. Recording without consent can create legal risk. See our explainer on when you can record workplace conversations.

Investigators can also draw on curated tip lists. Case IQ publishes 39 investigation tips to improve thoroughness from first report to findings.

Findings, Reports, and Corrective Action

After gathering facts, the investigator analyzes credibility and applies policy and law. SHRM notes that many investigations require a careful credibility determination and outlines best practices for proper workplace investigations. The final report should tie facts to policy provisions and state conclusions clearly.

Corrective action should stop the behavior, prevent recurrence, and avoid penalizing the person who reported. Agencies caution against remedies that change the complainant’s employment conditions as a “solution.” The National Conference of State Legislatures warns that an employer may not take “corrective action” that modifies the complainant’s employment conditions, such as involuntary relocation, as a response to the complaint.

Employees who are evaluating broader legal options can review our guide on how to sue for sexual harassment, which covers evidence, deadlines, and typical outcomes.

Safeguards During the Investigation

Safeguards ensure the process protects participants and the integrity of the outcome.

Impartiality and Conflict Checks

Impartiality is non-negotiable. The EEOC’s guidance specifies that the investigator must be trained and unbiased. If the alleged harasser is a senior leader or if HR has a conflict, using “an external investigator” can bolster neutrality—a reason that answer shows up in training and exams.

Basic employer advisories, such as the Texas Workforce Commission’s overview, stress that investigations must be thorough and objective—a standard difficult to meet when conflicts exist.

Confidentiality and Privacy Limits

Confidentiality helps witnesses speak candidly, but it has limits. Employers should avoid promising absolute secrecy because key facts may need to be shared with decision-makers. TWC’s resource flags privacy considerations. Public-sector policies, like Massachusetts’ executive-branch procedures, require private interviews and careful document handling.

Remember, sexual harassment is a form of sex/gender discrimination under civil-rights law. California’s Civil Rights Department summarizes that point in its Sexual Harassment Fact Sheet, which also lists protected characteristics and examples.

Protecting Against Retaliation

Retaliation for reporting or participating in an investigation is illegal. Employers should remind all parties of anti-retaliation rules and monitor for adverse actions. If you experience backlash for reporting harassment or serving as a witness, review our guidance on why reporting matters and the steps to respond quickly. If retaliation escalates or involves discipline, consult resources on workplace retaliation and your legal options.

Interim Measures That Don’t Punish Complainants

Interim measures may include temporary schedule adjustments, separation of parties, or supervisory changes. These must not penalize the complainant. The NCSL cautions against remedial actions that modify the complainant’s job or location as a default response to a harassment claim (e.g., relocation or reassignment of the reporting employee), which can feel like punishment and deter reporting.

For more on what lawful, effective remedies look like after findings, review our overview of working with sexual harassment attorneys to protect your rights if the employer’s “solution” harms your career.

Common Pitfalls and How Employers Avoid Them

Even well-intentioned employers make process errors. Common pitfalls include:

• Delaying or minimizing the complaint instead of moving promptly

• Choosing an investigator with a conflict or inadequate training

• Using inconsistent interview questions across parties and witnesses

• Failing to collect digital evidence or preserve messages and logs

• Credibility assessments that are undocumented or inconsistent

• “Solutions” that change the complainant’s job rather than stopping the behavior

Best-practice libraries offer practical guardrails. Case IQ’s 39 tips for sexual harassment investigations are particularly actionable. SHRM’s investigation primer explains how and when credibility determinations are appropriate. The EEOC’s framework underlines training and impartiality. And California’s prevention guidance stresses prompt action that preserves evidence and signals seriousness (Harassment Prevention Guide).

If you’re in HR or ER, consider formalizing your approach with a written policy modeled on SHRM’s policy template and legal advisories that urge a clear complaint channel and written investigation steps (e.g., Mitchell Williams’ guidance).

What Employees Should Do During an Investigation

Employees—whether you reported, witnessed, or are accused—deserve a fair process. Practical steps include:

• Read your company’s policy and follow the complaint procedure.

• Organize evidence: dates, times, locations, messages, and witness names.

• Respond truthfully and completely in interviews; ask for clarification if needed.

• Avoid discussing the investigation with coworkers beyond what HR permits.

• Document any signs of retaliation immediately.

Know your rights in HR interviews and internal probes by reviewing our guide to your rights during a workplace investigation. If the underlying behavior involves coworkers, see our focused resource on handling coworker sexual harassment, which explains documentation, evidence preservation, and escalation.

If deadlines or agency filing windows may apply to your situation, don’t delay. Our explainer on real harassment filing windows—EEOC 180/300 days and extended state/city periods—debunks myths in harassment deadlines and how to protect your claim.

Special Scenarios: Remote Work, Third Parties, and Public Employers

Harassment can occur in person, online, or via tools used in remote or hybrid work. That means relevant evidence may include chat logs, collaboration platforms, and video-meeting recordings. The basics still apply: prompt intake, trained investigator, and thorough evidence collection.

Third-party harassment (by customers, clients, or vendors) requires decisive action, too. Employers have duties to respond even when the harasser is not on payroll. See our practical primer on third‑party sexual harassment employer liability for the steps employers should take to protect you.

Public employers and agencies typically publish detailed procedures to ensure consistency and transparency. For example, Washington, D.C.’s E‑DPM framework defines sexual harassment and sets reporting and investigation steps. Massachusetts’ executive-branch guidance requires private interviews and document review.

If you anticipate you may need legal representation—especially where leadership is involved, conflicts exist, or discipline is on the table—review our guide to finding a sexual harassment attorney near you for confidential support.

Conclusion

The blank in the question—when an employer investigates a report of sexual harassment, they may use _____ as an investigator—can be accurately filled with “an external investigator.” But that’s only part of the story. Employers can also use internal HR or compliance professionals as investigators, so long as they are trained, impartial, and conflict‑free. The true test is whether the investigation is prompt, thorough, unbiased, and well‑documented, with remedies that stop the behavior without punishing the person who reported.

Legally sound policies, consistent procedures, and competent investigators protect employees and organizations. If your experience doesn’t match those standards, or if you’re unsure about deadlines and rights, consider speaking with an experienced employment lawyer.

Need help now? Get a free and instant case evaluation by US Employment Lawyers. See if your case qualifies within 30-seconds at https://usemploymentlawyers.com.

FAQ

What does “external investigator” mean?

It refers to a third-party professional—often outside employment counsel or a specialized investigations firm—hired to conduct the inquiry. Many training and exam prompts use “external investigator” as the preferred fill‑in‑the‑blank answer, and it’s often the best choice when conflicts exist. Regardless of who is selected, the EEOC guidance requires that the investigator be trained, impartial, and unbiased.

Can my employer make me move or change shifts during the investigation?

Interim measures may separate parties, but they should not penalize the person who reported. The National Conference of State Legislatures cautions that corrective actions in response to a complaint should not modify the complainant’s employment conditions (e.g., involuntary relocation). If you’re being moved or reassigned in a way that harms your career, raise the concern with HR and consider legal advice.

How long should a sexual harassment investigation take?

It depends on complexity, but it should be prompt and thorough. California’s prevention guidance stresses that a prompt investigation sends the right message and preserves evidence. HR roadmaps from HR Acuity and Axcet emphasize acting quickly at each step.

Do I need a lawyer during a workplace investigation?

You’re not required to have one, but legal advice can be helpful if the allegations are serious, leadership is involved, or you fear retaliation. Start by understanding your rights during a workplace investigation and, if the situation escalates, explore options for finding a sexual harassment attorney to protect your interests.

What if the alleged harasser is a client or vendor?

Employers still have duties to address third-party harassment. They should investigate, take steps to protect you, and manage the client/vendor relationship accordingly. Learn more about employers’ responsibilities in third‑party situations in our guide to third‑party sexual harassment employer liability.

Additional resources referenced in this guide include the DC government’s reporting and investigation protocols, the Oregon Tech roadmap for internal harassment investigations, the Massachusetts executive-branch requirements for private interviews and document review, and Traliant’s compilation of EEOC‑approved investigation questions. For a policy foundation, review legal commentary urging written complaint procedures and SHRM’s sample policy and procedure, and consult the Texas Workforce Commission’s basics on thorough, objective investigations.