On Wednesday, May 6, 2020, the Department of Education (DOE) released their new Title IX regulations. Clocking in at 2,033 pages (not a typo – 2,033 pages), many of us in the educational field continue to comb through them to understand schools’ new responsibilities. The regulations are effective August 14, 2020.

As workplaces adjust to COVID-19, it may become harder for employers to keep a pulse on employee morale. Are people happy working from home? Do workers understand their responsibilities as remote employees? Is there going to be a decline in employee work performance?

The times are changing.

Before the #MeToo wave hit, employers typically initiated investigations into harassment complaints with the goal of maximizing information with minimal negative impact. This often translated into efforts to be as discreet as possible throughout the process by minimizing the amount of information shared and the number of people who read the investigation report.

The hardest investigation to conduct is one without a complaint. Though difficult, it is not uncommon. Many times, parties and witnesses are unwilling to come forward, so all employers have to go on are gossip and rumors. However, do not confuse the lack of a complaint with a lack of a responsibility to investigate. To do so would be to potentially commit a very costly mistake.