Articles by Rachel Ablin, Esq.

Businesses conducting internal investigations need to ensure those investigations are impartial and independent. For companies that choose to handle the investigatory process in-house and ultimately “clear” the accused of any wrongdoing, there can be a perception that investigators and company leaders favored the accused – especially when the accused person is him- or herself a senior leader or highly valued employee.

The outcome of a workplace investigation typically depends on information gleaned through witness interviews. That information can, in turn, lead investigators to explore new or different avenues toward uncovering the truth. Witness cooperation can be critically important. Unfortunately, witnesses are sometimes hesitant to share what they know for fear of retaliation or retribution. In other cases, witnesses may be hostile or wholly uncooperative. Here are several tips to help you deal with witnesses who may hold the keys to the information you need, but who are reluctant to participate in the investigatory process.

As the Mueller investigation plays out on the national stage, corporate HR departments across the country are ramping up their internal investigations procedures to handle an increase in allegations of employee misconduct. If you are responsible for your organization’s internal investigations policies and processes, you may be surprised to learn that the Mueller investigation actually has a lot in common with internal investigations in the business world.

There is no question that the #MeToo movement has impacted workplaces in the U.S. Sexual misconduct victims who may have been hesitant to bring their stories forward in the past now feel more emboldened to do so. Businesses large and small across the country have had to investigate allegations and make sometimes-tough decisions as a result.

Allegations of sexual harassment or other workplace misconduct must be taken seriously in any business. For broker-dealers and other businesses regulated by the Financial Industry Regulatory Authority (FINRA) or the Securities and Exchange Commission (SEC), thorough investigations are a must. However, financial services firms must also be deliberate about how they choose to disclose the results of such investigations, being ever aware of the risk of defamation lawsuits from the targets of such investigations.

Noted astrophysicist Neil DeGrasse Tyson, director of the Hayden Planetarium in New York City and star of Cosmos, is the latest celebrity accused of workplace sexual harassment. In a public statement posted on Facebook on Saturday, December 1 titled “On Being Accused,” Tyson addressed the allegations made public a day earlier and categorically denied any wrongdoing.

Employee activism at Google led to the corporate giant announcing on 11/8 that it is changing its mandatory arbitration policy for employees who report sexual harassment claims. And, one day later, Facebook made a similar announcement ending forced arbitration.

The Equal Employment Opportunity Commission (EEOC) recently released preliminary data about sexual harassment claims the agency received and addressed in fiscal year 2018 (FY 2018). That data shows that the number of sexual harassment complaints received was up more than 12 percent over fiscal year 2017 numbers.

For the second time in as many months, the Equal Employment Opportunity Commission (EEOC) filed a series of separate but similar lawsuits against private employers across the country, alleging workplace harassment.