I am once again offering training to human resources professionals, attorneys, and private investigators on how to conduct legally defensible harassment, discrimination, and retaliation investigations in the workplace. Although the training will be geared towards these professions, attendees of any background are welcome to attend. Basic knowledge of sexual harassment and discrimination law is helpful
How to Conduct a Sexual Harassment Investigation
Dear Readers,
I recently wrote an article, along with employment attorney Nancy Bornn, providing practice pointers on conducting internal workplace investigations. It is published today on the SHRM (Society for Human Resource Management) website.
If you are not a member of SHRM, you can also read the article for a limited time on the
Sexual Harassment Investigation: Preserve the Evidence
You have just learned that an employee is complaining of sexual harassment by a co-worker via email. What should you do first, or at least at the very top of the list?
Take steps to insure that the accused harasser does not have access to any of the evidence supporting the alleged victim’s claims.
EEOC Hit For $4.56 Million for Failing to “Properly” Investigate Sexual Harassment Claims
Last week, Chief Judge of the Northern District of Iowa, Linda Reade, issued an order requiring the EEOC to pay to Defendant CRST Van Expedited the sum of $4.56 million in attorney’s fees, expenses, and costs. Defendant CRST is a trucking company that the EEOC had sued in federal court alleging that a large
Pornography Investigation at SEC Ongoing
According to a news article today at OneNewsNow, SEC employees are under investigation for viewing pornography on their work computers. Action ranging from counseling to dismissal has already been taken against some employees.
Rick Schatz of the National Coalition for the Protection of Children & Families told OneNewsNow that pornography viewing has become a
Sexual Harassment Investigation of SB County DA Completed
San Bernardino County approved a $140,000 contract with Santa Monica-based legal firm Curiale Hirschfeld Kraemer to conduct the sexual harassment investigation of SB District Attorney Michael Ramos. Nearly six months later, the 200-page report is finished, according to a news article yesterday by Joe Nelson of The Sun.
According to the Sun article:
What’s the Difference Between a Sexual Harassment Investigation and a Sexual Discrimination Investigation?
In sexual harassment investigations, the words "harassment" and "discrimination" are oftentimes used interchangeably by the complainant and witnesses. Even formal complaints drafted by the lawyers allege the same exact incidents to form the basis of the "Sexual Harassment Cause of Action" and the "Sex Discrimination Cause of Action."
We know that sexual harassment is
How Can a Sexual Harassment Investigator Tell if the Alleged Conduct was Unwelcome?
The Civil Rights Office of the United States Department of Transportation ("DOT") has a written policy that helps its employees understand how one can tell if conduct is "unwelcome." I like the DOT’s policy because it gives employees some practical advice on how to convey that inappropriate sexual comments or conduct is unwanted.
Choose Wisely When Using an Employee to Conduct Your Workplace Investigation.
"Neutrality" is the name of the game. In the recent California case of Nazir v. United Airlines, Inc., the court gave strong cautionary advice about choosing the right workplace investigator.
The Nazir court raised the point that this particular employer (United Airlines) had extensive rules and policies about the investigation of employee