Conducting Effective Internal Investigations: Lessons from the Recent Delta Decision and SHRM Verdict
- Barbara L. Johnson
- 3 hours ago
- 3 min read
A recent jury verdict against the Society for Human Resource Management has put renewed attention on a familiar issue: when internal complaints are not investigated promptly, thoroughly, and objectively, the consequences can be significant — even for organizations that set the standards for others.
Internal investigations are critical to avoiding and defending employment-related lawsuits. An effective investigation gives an employer early warning of problems in the workplace and an opportunity to identify root causes, address serious issues, and reduce legal and reputational risk. In many cases, a well-conducted investigation can be an employer’s best defense in litigation, as demonstrated in an appellate decision in an employment discrimination case last month.
On January 29, 2026, the Sixth Circuit found in favor of employer Delta Air Lines, affirming Delta’s summary judgment win in an employment matter in which an employee was disciplined after being found in violation of the workplace violence policy and alleged unfair treatment due to race discrimination. The Court found that Delta investigated the employee’s race discrimination complaint thoroughly before making its final decision to discipline the employee, highlighting the importance of process and documentation in conducting a defensible investigation.
The following Internal Investigation Checklist outlines key steps in conducting an effective workplace investigation. It is designed as a practical tool for counsel and HR professionals navigating high-risk complaints.
Investigation Checklist:
Develop an investigation strategy before you start. Understand the issues, scope of the investigation and relevant policies.
Conduct a thorough interview of the accuser or initial witness asking who, what, when, where, how and why. Reiterate the need for employee cooperation in maintaining discretion and ensuring that no one experiences retaliation. After reviewing notes, always ask if there is anything else the complainant wants to add.
Put out the fire first. The more severe the claim or emotions, the more care may be needed to keep employees separate and/or safe from any further threats, retaliation or harassment while you investigate. Stabilize the workplace and hold off on discipline until an investigation is complete.
Decide if it is necessary to place the accused on administrative leave or allow voluntary leave for the accuser during the investigation. Reinforce the company's no retaliation policy.
Assess what additional help you need for the investigation. Consult with legal counsel in all allegations of discrimination, harassment and/or violence.
Interview the accused or potentially involved person(s) with a view toward finding out what happened. Provide detailed allegations to the accused to allow complete and fair answers. Ask for witnesses to current and past events. After reviewing notes, always ask the accused if there is anything else they want to add.
Develop a timeline and a list of key people and their roles.
Identify who you need to speak with and what questions you will ask.
Do not pick sides. Conduct an impartial investigation and interview of all parties.
Re-interview those involved based on new information and evidence.
Keep good notes of interviews, responses, dates/times, efforts, results, actions and refusals. Assume all documents will be seen by a judge or jury. Avoid gratuitous conclusions and speculations. Only write what you were told and what you saw.
Assess credibility and resolve factual disputes. Keep secondary performance issues separate from this investigation.
Create a summary report of the investigation and confirm with senior management and legal counsel the final course of action.
Make decisions on the action(s) to take with due consideration of past practice. Close the investigation with those who need to know.
Follow up as needed on the effectiveness of the corrective action. Be alert to retaliation claims and follow up on them.
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BLJohnsonLaw, PLLC focuses on labor and employment disputes and advice matters, workplace investigations, legal DEI strategies and initiatives, conflict resolution, and workplace compliance training. Founded in 2016 by Barbara L. Johnson, the firm provides personalized client service and advises employers on how to address day-to-day employment-related issues and improve workplace cultures. A member of the American Arbitration Association’s panel of arbitrators, the firm’s founder serves as a neutral arbitrator and mediator in employment law matters.
Potter & Murdock, P.C. is a women and minority-owned law firm specializing in labor and employment, litigation, government contracts, health care regulatory, Life Sciences Compliance, and corporate law with offices in Virginia, Washington, D.C. and Maryland. Our large firm and in-house counsel experience combined with our small firm values, sensibilities, and efficiencies allow us to provide service that is hands on and personal. We listen to clients’ needs to help them navigate legal challenges in order to grow and protect their businesses. No challenge or opposition is too large or well heeled: our innovative and straightforward solutions are well-equipped to handle any situation.
