A workplace harassment investigation is a formal, documented inquiry into complaints of harassment, discrimination, or hostile work environment. Under California’s Fair Employment and Housing Act (FEHA), employers have a legal obligation to investigate harassment complaints promptly, thoroughly, and impartially. Independent third-party investigations conducted by certified investigators meet California DFEH standards, provide legal defensibility, and protect employers from bias claims in subsequent California Civil Rights Department (CRD) proceedings or civil litigation.
I’m Andrew Blan, an AWI-CH certified workplace investigator and California attorney based in Sacramento, specializing in independent harassment investigations for employment defense firms throughout California. I conduct approximately 50 investigations per year for public agencies, private companies, and academic institutions — delivering legally defensible findings reports that hold up under CRD scrutiny and in litigation.
Andrew Blan — AWI-CH Certified Workplace Harassment Investigator
Andrew Blan is one of California’s few workplace investigators who combines formal legal training with professional investigator certification. A McGeorge School of Law graduate and licensed California attorney, Andrew has spent his career at the intersection of employment law and complex workplace investigations — advising, conducting, and reviewing matters for public agencies, private companies, and academic institutions throughout the state.
Before founding A.W. Blan Workplace Legal Services in Sacramento, Andrew practiced at a premier public entity law firm, advising employers on all aspects of employment law including harassment investigations. He also gained direct experience inside a California state agency and the California State Legislature — giving him unusually deep insight into how both public and private Sacramento-area and statewide employers structure HR processes and manage legal exposure.
Andrew holds the AWI-CH (Association of Workplace Investigators Certificate Holder) designation, the gold standard credential in the field. He completes approximately 50 investigations per year — bringing consistency, legal precision, and professional accountability to every matter.
| AWI-CH Certified | McGeorge School of Law | ~50 Cases / Year | CA Licensed Attorney |
| Gold Standard Credential | J.D. Graduate | Proven Track Record | Active Bar Member |
What Is a Workplace Harassment Investigation?
A workplace harassment investigation is a structured, documented inquiry into a complaint of harassment — including sexual harassment, hostile work environment, or supervisor misconduct. The investigation gathers evidence, interviews the complainant, the respondent, and any witnesses, and produces a written findings report.
Under California law, employers have an affirmative obligation to investigate harassment complaints promptly and thoroughly. When a complaint is serious, involves a supervisor, or implicates potential litigation, a third-party harassment investigation by an independent investigator is often the strongest move an employer can make.
For defense attorneys advising California employers — from Sacramento to the Bay Area to the Central Valley — referring the investigation to an independent, AWI-CH certified investigator like Andrew Blan ensures the process is neutral, legally sound, and supported by a defensible written record.
Types of Harassment Complaints I Investigate
I investigate the full range of workplace harassment matters that California employers face, including:
Sexual Harassment: Complaints involving unwelcome sexual advances, requests for sexual favors, inappropriate comments or conduct, and quid pro quo allegations against supervisors or coworkers.
Hostile Work Environment: Complaints where a pattern of conduct — based on a protected characteristic — is severe or pervasive enough to alter the conditions of employment. These investigations require careful credibility analysis and pattern-of-conduct assessment.
Supervisor Misconduct: Allegations that a manager or supervisor engaged in harassing conduct toward a subordinate. These matters carry heightened employer liability under California FEHA and require particular care.
Harassment Based on Protected Characteristics: Complaints involving harassment on the basis of race, gender, age, disability, national origin, religion, sexual orientation, or other protected categories under California FEHA.
Cross-Complaint Matters: Cases where the respondent files a counter-complaint during the investigation — requiring careful management of scope, sequencing, and documented process.
The Workplace Harassment Investigation Process
Every investigation I conduct follows a structured, documented process. Here is what to expect when you refer a harassment matter to me:
1. Initial Consultation & Scope Definition — I meet with referring counsel to define scope, timeline, and investigation parameters. We identify who will be interviewed, what documents are relevant, what legal standard applies (FEHA, company policy, or applicable statute), and confirm there are no conflicts of interest.
2. Evidence Gathering — I review complaint documentation, personnel files, policies, emails, prior complaints, and all relevant records. Documentary evidence is catalogued and preserved from the outset.
3. Witness Interviews — I conduct structured interviews with the complainant, respondent, and all relevant witnesses in private settings. Every interview is documented, and methodology is consistent across all parties.
4. Credibility Assessment — I evaluate consistency, corroboration, plausibility, and demeanor using objective criteria. Credibility determinations are explained in the report with specific reasoning, not conclusory statements.
5. Preponderance Analysis — I apply California’s preponderance of evidence standard — whether it is more likely than not that the alleged conduct occurred — to determine whether each allegation is substantiated, unsubstantiated, or inconclusive.
6. Findings Report — I deliver a comprehensive written report covering scope and methodology, evidence summary, credibility analysis, and conclusions for each allegation. The report is structured to meet California DFEH standards and withstand challenge in CRD proceedings, administrative hearings, or civil litigation.
7. Follow-Up Consultation — I am available to discuss the findings with referring counsel after delivery and to testify as a fact witness or expert witness on investigation methodology if litigation follows.
The final report is written with litigation in mind — structured to support your client’s defense without creating new exposure. It meets California DFEH standards and is designed to withstand challenge in CRD proceedings, administrative hearings, or civil litigation.
Why California Attorneys Refer Harassment Investigations to an Independent Investigator
When your client is facing a serious harassment complaint, an in-house HR investigation may not be enough. Here is why employment defense attorneys throughout California — and particularly in Sacramento, the Bay Area, and the Central Valley — increasingly refer these matters to an independent, third-party investigator:
Credibility and neutrality: An independent investigator has no stake in the outcome. That neutrality strengthens the credibility of the findings — in the eyes of the CRD, an arbitrator, or a jury.
Protection from bias claims: When the investigating party is employed by or closely associated with the employer, opposing counsel will argue bias. A true third-party harassment investigation eliminates that argument.
AWI-CH certified process: Andrew’s AWI-CH designation signals that the investigation was conducted by a credentialed professional following recognized industry standards — not an ad hoc HR inquiry.
Attorney-directed scope: Andrew works at the direction of referring attorneys on scope — while maintaining complete independence on findings. You control the timeline and parameters; Andrew controls the investigative process.
Legal defensibility: Every step is documented. The written findings report is structured to withstand scrutiny at every stage — from an internal appeal to civil litigation.
Why Employment Defense Attorneys Refer Cases to Andrew Blan
AWI-CH Certified: The AWI-CH designation is the recognized professional standard for workplace investigators. It signals to your client — and to any future tribunal — that the investigation was conducted by a qualified, trained professional who follows established investigation methodology.
Attorney Background: Unlike non-attorney investigators, Andrew understands the legal implications of every factual finding. His reports are written with litigation in mind — structured to support your defense, not create new exposure.
True Independence & Neutrality: Andrew does not represent employees or employers in litigation. His sole role is independent investigator. That neutrality is critical for the credibility of the report and the strength of your client’s position.
California-Specific Expertise: With experience inside a Sacramento state agency, the California State Legislature, and a public entity law firm, Andrew understands the distinct legal frameworks that apply to public employers, private companies, and academic institutions under California FEHA.
Thorough, Defensible Reports: Every report is structured to withstand challenge — in CRD proceedings, administrative hearings, or civil litigation. Reports are clear, well-reasoned, and legally sound.
Consistent & Reliable: Completing approximately 50 cases per year, Andrew provides regular communication, realistic timelines, and final reports that arrive when promised. No surprises.
When to Refer a Harassment Complaint for Independent Investigation
Not every complaint requires an outside investigator — but many do. Here are the situations where employment defense attorneys most often refer harassment matters to Andrew Blan:
• The complaint involves a senior leader, executive, or department head.
• The complainant has retained counsel or indicated intent to file with the CRD.
• The employer’s HR department is small, inexperienced with formal investigations, or has a prior relationship with either party.
• The matter involves cross-complaints or multiple complainants.
• The investigation will be subject to scrutiny in future administrative or civil proceedings.
• Prior internal investigations have been challenged for lack of neutrality.
• The employer is a public entity — including Sacramento-area government agencies, school districts, or state departments — subject to heightened transparency obligations.
• The complaint involves Title VII or California FEHA protected categories and may result in CRD or EEOC involvement.
FAQ
What evidence standard do California harassment investigators use?
California uses the preponderance of the evidence standard — meaning whether it is more likely than not that the alleged conduct occurred. This is the standard I apply in every harassment investigation I conduct in Sacramento and throughout California. The report clearly states the standard used and explains how it was applied to each allegation.
What questions will I be asked during a workplace harassment investigation?
The specific questions depend on your role in the investigation. For the complainant, I focus on the nature of the alleged conduct, frequency, impact, witnesses, and whether the employer was placed on notice. For the respondent, I give full opportunity to respond to each allegation specifically. For witnesses, I explore what they directly observed and the broader workplace context. All interviews are documented and the methodology is explained in the final report.
How long does a workplace harassment investigation take?
A standard single-complainant harassment investigation typically takes 3–6 weeks from intake to final report. More complex matters — multiple complainants, a large witness list, or extensive documentary evidence — may take longer. I provide a realistic timeline at intake and communicate proactively if anything changes.
How do you maintain neutrality when the referring attorney represents the employer?
My role as investigator is entirely separate from any legal representation. I apply the same structured process and evidentiary standard regardless of who refers the case. I do not take direction on findings — only on scope. That independence is what makes the report credible and defensible before the CRD or in litigation.
What does the final harassment investigation report include?
The report includes: the scope and methodology of the investigation, a summary of the evidence gathered, factual findings for each specific allegation, credibility assessments with objective reasoning for each key witness, and conclusions stating whether each allegation is substantiated, unsubstantiated, or inconclusive under the preponderance of evidence standard.
Can my employer retaliate against me during a harassment investigation?
No. California Labor Code Section 1102.5 and FEHA prohibit retaliation against employees who file harassment complaints or participate in investigations. Retaliation itself is a separate violation that can result in additional liability for employers. As an independent investigator, I document the investigation process in a way that protects against retaliation claims — creating a clear record of who was contacted, when, and on what terms.
Can you testify about the investigation if litigation follows?
Yes. I am available to serve as a fact witness on the investigation process and findings. In appropriate matters, I can also serve as an expert witness on workplace investigation methodology and California industry standards.
What geographic areas do you cover for harassment investigations?
I am based in Sacramento and conduct harassment investigations throughout California. My primary service areas include Sacramento, the greater Sacramento region (Elk Grove, Roseville, Folsom, Davis, Woodland), the Bay Area, and the Central Valley. Remote interview options are available for employers in other parts of California where appropriate for the matter.