Workplace Investigations Blog

Workplace Investigations Blog

A Guide To Investigating EEO Complaints & Other Wordplace Problems

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Internal Investigator Training in San Diego for Discrimination, Harassment, and Retaliation Claims

Posted in News and Announcements, Sexual Harassment

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,… Continue Reading


Posted in Investigation Tips

In deciding whether an employee complaint rises to the level of alleged illegal activity or company policy violations, employers should interpret the incoming complaint very broadly and err on the conservative side by investigating anything that comes remotely close to illegal activity or company policy violations—especially if the allegations are against a supervisor (due to… Continue Reading

Reduction in Force-Not a Slam Dunk Defense

Posted in Reduction-In-Force, Retaliation

EEO Investigators should examine all kinds of evidence in an investigation:  direct evidence, circumstantial evidence, and statistical evidence (if possible, but usually not practical if expert opinion is required).   In a recent 9th Circuit case (EEOC v. The Boeing Co.), the Equal Employment Opportunity Commission (“EEOC”), on behalf of two Boeing employees, argued that… Continue Reading

Retaliation and Race Discrimination Claims at All Time High

Posted in Retaliation, Sex Discrimination

According to SCI Companies Client Newsletter (HR Strategy) today, the EEOC reports that fiscal year 2009 was the second highest year on record for discrimination charges.   SCI states: . . . The EEOC received record numbers of charges alleging discrimination based on origin (11,134 charges), religion (3,386 charges) and sex-based discrimination (28,028 charges.)  However retaliation… Continue Reading

“Sincerely Held Religious Beliefs” in Religious Discrimination Cases

Posted in Religious Discrimination

What is “religion”? May an employer question the sincerity of an employee’s alleged religious beliefs? The U.S. Supreme Court has defined "religious belief" as a belief that is: "religious" in the employee’s own scheme of things and sincerely held by the employee. Thus, the law’s protection extends beyond "traditional" religions. One of the best examples… Continue Reading