Should a workplace investigator in a sexual harassment or discrimination investigation view the personnel file of the complainant / alleged victim at all? If so, at which point in the investigation should it be viewed, and under what circumstances? These questions are debatable among workplace investigators, but I have my preference, and of course, an
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
Should a Workplace Investigator Examine Statistics?
Employment attorney Jonathan Hyman writes an interesting blog post this week concerning statistics: Why Statistics are So Important in Reduction in Force Cases.
Attorney Hyman states that "the Older Workers Benefit Protection Act requires all releases and waivers of federal age discrimination claims provided as part of a severance program offered to
Gathering Documents in a Workplace Investigation
An interesting article came out this week on Jobsinformed titled "Seven Steps to Successful Workplace Investigations" by employment attorney Patricia C. Perez, SPHR, founder of Puente Consulting.
In her Step 3, "Gathering Documentation", Ms. Perez summarizes the relevance of the investigator viewing the personnel files of the complainant and the accused.
Pitfalls to Avoid in Workplace Investigations
An article posted in the National Law Review on January 31, 2010, titled "Top 5 Pitfalls to Avoid When Conducting Workplace Investigations" by employment attorney Julie Vogelzang is worth the read. She lists and discusses the following pitfalls:
PITFALL NO. 1: Failing to Promptly Begin the Investigation
She notes that "one of the worst
Judging Credibility of Witnesses in Harassment Investigation
I came across an interesting article by a federal district judge (Honorable John L. Kane in Denver) about "Judging Credibility" of witnesses. Since judging credibility of the complainant, the accused, and the witnesses is something workplace harassment investigators need to do, I thought I’d share a couple thoughts from his article.
Part 4: Resolving Bitterness and Wounded Feelings After a Workplace Investigation
This is Part 4 of a 4-part posting on recommendations to consider before, during, and after a workplace investigation.
Most of the suggestions in this 4-part posting go beyond the bounds of what a workplace investigator is retained to do. Sometimes the employer does not want written recommendations; however, the workplace investigator can offer many
Part 3: Resolving Bitterness and Wounded Feelings After a Workplace Investigation
Train Supervisors on What Constitutes Retaliation: The U.S. Equal Employment Opportunity Commission (EEOC) has reported that claims including a retaliation charge rose by 23% in fiscal year 2008. Vincent Cino, national director of litigation for Jackson Lewis LLP, says roughly 70% of discrimination suits handled by his firm include a retaliation
Part 2: Resolving Bitterness and Wounded Feelings After a Workplace Investigation
This is the second of a 4-part posting concerning recommendations an employer should consider before, during, and after an employment investigation to resolve any lingering bitterness by employees.
Teachable Moment
Suppose an employee complains that her supervisor has exposed her to racial harassment. The investigation determines that while inappropriate remarks were likely made, the remarks
Resolving Bitterness and Wounded Feelings in the Office After a Workplace Investigation
This is the first of a 4-part post concerning what steps an employer and/or investigator can take to heal the bitterness in a workplace before, during, and after an employment investigation.
Employers often think that the most important part of a workplace investigation is deciding whether a complaint of harassment or discrimination is valid