06/08/2026
Question:
An employee is requesting copies of the harassment complaint they filed and related investigation files. How should I respond?
Answer:
You can share a copy of the original complaint with the person who filed it, as well as the general results of the investigation.
However, you shouldn’t hand over investigation notes, witness statements, or other documentation. That information was most likely shared with an expectation of confidentiality. Sharing it would violate that trust and potentially deter employees from participating in future investigations.
Likewise, the employee’s complaint and investigation files shouldn’t be shared with anyone else, including the accused party. Aside from breaking confidence, the disclosure of this information could lead to retaliation against the complainant and other involved parties, including witnesses.
On a related note, since under some state laws personnel files have to be provided to employees upon request, it’s best to keep investigation files separate from personnel files.
This Q&A does not constitute legal advice and does not address state or local law.
