investigations should be conducted in cases where no one formally complains yet the employer has learned of a claim of wrongdoing via an anonymous tip, citizen complaint, rumor, hearsay, or third-party employee complaining on behalf of the victim. An employer can be charged with constructive notice of the alleged wrongdoing, even if no one complains
Investigation Tips
WHEN SHOULD AN EMPLOYER INVESTIGATE? (PART 2)
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…
WHEN SHOULD AN EMPLOYER INVESTIGATE? (PART 1)
Some types of employee complaints must be investigated as a matter of law, e.g., sexual harassment complaints. Although no statutes regulate how investigations must be conducted, the California Fair Employment and Housing Act (FEHA) (Cal. Gov’t Code §§12900–12996) requires an employer to take “immediate and appropriate corrective action” when faced with a covered…
Credibility Determinations: EEOC Guidelines on Harassment Investigations
In sexual harassment investigations, it is often the case that harassment occurs behind closed doors, with no witnesses, and it becomes a "he said-she said" scenario. Instead of reaching a finding that the allegations were "sustained", "not sustained", or "unfounded", I have heard of investigators reaching an "inconclusive" conclusion, and in such an instance, the…
Discrimination Investigation: Good Resource Book
I attended a presentation today at the 29th Labor & Employment Law Section Annual Conference where Andrew Friedman of Helmer Friedman in Venice, CA, was one of the speakers. Mr. Friedman typically represents employees in employment disputes; however, he previously worked for a prestigious employment defense firm, so he has a very grounded ability…
CAOWI Annual Conference November 13-15, 2011
Readers may already know that I am on the Board of the California Association of Workplace Investigators ("CAOWI"). I wanted to tell you about our Second Annual Conference that is coming up this November 2011, and let you know about an optional pre-conference session. It’s called "Examining the Investigation: A Demonstration of Trial Testimony …
Workplace Investigation Training in Los Angeles
I wanted to let my readers know that I will be conducting training on how to conduct defensible (aka "bulletproof") workplace investigations.
The California Association of Workplace Investigators and The State Bar of California Labor and Employment Law Section are co-sponsoring this event, and registration is now open.
Date: May 17, 2011, 9 a.m. to…
Internal EEO Workplace Investigation Training in San Diego
The Society for Human Resource Management (SHRM) is holding its annual conference in San Diego this year June 27 – 30, 2010. I thought I would alert you to two pre-conference workshops concerning conducting internal workplace investigations. Both workshops are on Saturday, June 26, before the conference begins.
The first is titled Minefields for …
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.