Workplace Harassment Investigations

In the Faragher and Ellerth cases, the Supreme Court of the United States greatly enhanced the legal importance of prompt and thorough investigations in response to claims of workplace harassment. Over the past few years, lower courts have been interpreting the Faragher and Ellerth requirements and informing employers and investigators of their obligations under these new legal standards.

Jeff Johnson uses his extensive experience as an investigator for companies throughout the country to illuminate the steps to a sound and complete investigation, from the first signs of potential trouble through the final touches on the written report to discussions of that report with interested employees.

Attorneys and human resources professionals must work in concert to properly protect a company, whether that means defending against the claim, or prosecuting, excising, and inoculating against wrongdoing. We recommend you attend this program with your counterpart, as the two of you and your company will benefit greatly from your integrated understanding of the problems and solutions to workplace harassment claims.

Direct participant involvement and hands-on training ensure an engaging, exciting day filled with concrete answers to fluid questions.

Highlights

• Determine when an investigation should be done and who should do it.
• The legal and practical ramifications of investigation logistics.
• Effective interviewing techniques.
• The special steps for union or public sector employees.
• Who do you trust and how do you verify?
• Draft a report with teeth.
• How to deal with the anger, recalcitrance and rumors that surround harassment claims.
• The 10 most common mistakes investigators make — how to avoid them or repair them.
• What steps must the “diligent employer” take to limit liability from future claims?

Program Outline & Schedule (6 hours)

[Part I: 90 minutes]

The Decision to Investigate

• When is an investigation required?
• Who should conduct it?
• How quickly must it be conducted?

Planning the Investigation

• Establishing independence and neutrality
• Who should be interviewed?
• Order and location of interviews
• Interim measures

[15 minute break]

[Part II: 90 minutes]

Conducting the Interviews

• Effective interviewing techniques
• What to ask of the complainant, respondent and witnesses
• Issues regarding public sector or union employees
• How aggressive should you be?

[Lunch]

[Part III: 90 minutes]

Credibility Assessment and Corroboration

The Report

• What should the report contain?
• Findings of truth and recommendations regarding remedies
• Document retention

[15 minute break]

[Part IV: 90 minutes]

Difficult Issues in the Investigation Process

• Uncooperative complainants and anonymous complaints
• Dealing with difficult or angry interviewees
• Controlling the rumor mill
• Dealing with controlling or interfering clients or supervisors

The 10 Most Common Investigator Mistakes

[Adjourn]