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WORKPLACE INVESTIGATIONS

Sexual harassment and discrimination investigations are a reality in the workplace. Between 2018 and 2021, the EEOC received over 98,000 charges alleging harassment and over 27,000 charges alleging sexual harassment. Women reported 78.2% of sexual harassment cases and 62.2% of all harassment charges. Often, charges of harassment and other discrimination are filed in the same charge. In a 3-year period, the EEOC recovered nearly $300 million for individuals.

Why Should You Use An Outside Resource To Conduct Your Workplace investigations?

• Outside investigators allow the employer to remain neutral and fair, reducing potential conflicts of interest and negative public perception.

• Employees who are asked to provide statements during an investigation tend to be more comfortable and more willing to be truthful and accurate with outside investigators than they would with an internal investigator who is known to them.

• Undue stress and potential bias are eliminated, especially if the investigation is of senior/executive leadership.

• It will allow in-house counsel to serve as a material witness if they did not conduct the investigation but did witness the incident.

• It allows the company and outside counsel to maintain attorney-client privilege if outside counsel focuses on providing legal advice and does not conduct the investigation.

• An outside investigator can alleviate the potential risk of a retaliation lawsuit and the company may call them as a witness during litigation.

• Outside investigators have been trained and have frequently conducted these types of investigations, whereas internal investigators may conduct investigations less frequently and therefore have less experience.

Sharon DeLay, SPHR, SHRM-SCP is a Certified EEO Investigator and holds SHRM’s Workplace Investigations Specialty Credential. In addition to training and development in investigations, she has completed hundreds of hours of investigations related to claims of discrimination, sexual harassment, workplace discord, and unfair workplace treatment.

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