Articles by Rachel Ablin, Esq.

What Changes Has the EEOC Made Because of COVID-19?

The coronavirus shutdown has caused drastic changes to the country’s workplaces, but the laws prohibiting employment discrimination are still in effect. Even though the EEOC’s physical offices are closed, its employees continue to work remotely, and the Commission is still enforcing the law.

read more

Assessing Credibility While Conducting Phone or Video Interviews

If a client’s employee has alleged workplace harassment, discrimination, or misconduct, the investigation needs to start as quickly as possible. If you wait too long, people’s memories of what happened can become more unreliable, and witnesses may no longer be available. EEOC guidance on harassment specifically requires that investigations be “prompt” and that if “a fact-finding investigation is necessary, it should be launched immediately.”

read more

Investigation Tactics Part 1: The Complainant

Always take employees’ complaints seriously when the complaints allege harassment, discrimination, or other workplace misconduct. By doing so, you send the message that the company is committed to addressing problems and that it wants employees to come forward and report unlawful behavior. The tips and suggested questions below will help you conduct a thorough interview of the complainant.

read more

How to Navigate “He Said, She Said” Cases

In workplace sexual harassment cases, investigators often have to make recommendations with evidence that is less complete than they would like. It may come down to a “he said, she said” situation in which the investigator must make judgments about the relative credibility of the parties and witnesses.

read more

When Should You Investigate a Workplace Complaint?

Workplace investigations of employee complaints can be crucial for solving and preventing workplace conflicts, preserving an organization’s public reputation, avoiding litigation, and protecting organizations if employees do take legal action. But not every workplace complaint requires a formal investigation. How can you tell when to investigate and what level of investigation to use? You need to look at the type of complaint and its possible impact on the organization.

read more

When Is a Consensual Relationship Inappropriate in the Workplace?

The recent firing of McDonald’s former CEO Steve Easterbrook highlights the problem of drawing the line between appropriate and inappropriate romantic relationships in the workplace. Easterbrook was a successful CEO. McDonald’s stock price more than doubled during his 4-year tenure. However, he lost his job because a consensual relationship with another company employee violated the company’s code of conduct, which states “employees who have a direct or indirect reporting relationship to each other are prohibited from dating or having a sexual relationship.” Easterbrook publicly admitted making a mistake and said it was time for him to move on.

read more

Common Workplace Investigation Mistakes

There’s not a lot of room for error when investigating complaints of workplace harassment or discrimination. Mistakes made during the investigation process can expose your client to expensive liability in the future. That’s an unnecessary risk that can be minimized with proper preparation and by using a neutral and experienced investigator.

read more

Why You Should Ask Open-Ended Questions During Internal Investigations

Different types of questions can elicit different answers. If you are investigating a workplace complaint of harassment, discrimination, or any other legal violation, the questions you ask are the key to uncovering the information you need to make informed decisions and to protect your organization. You should approach the questioning from two angles, asking both specific and open-ended questions.

read more
Get the Ablin Law Newsletter

Get the Ablin Law Newsletter

Stay in the know by receiving our monthly digest, Investigation Insight, covering workplace legal and HR matters. It's free and we respect your privacy. You can unsubscribe any time.

> Click to Subscribe <

You have Successfully Subscribed!