News & Analysis as of

Employment Discrimination Workplace Investigations

Oppenheimer Investigations Group

Workplace Investigations in Litigation: Strategic Value for Both Plaintiffs and Defendants

Workplace investigations are generally conducted outside of a litigation context and involve complaints that are not ultimately litigated. However, inevitably some workplace disputes that are investigated do make it to...more

Oppenheimer Investigations Group

Understanding Unconscious Biases in Workplace Investigations

Unconscious biases, including implicit and cognitive biases, are pervasive in our daily lives and can significantly impact our decisions, even when we strive to be fair and objective. For workplace investigators, recognizing...more

Weintraub Tobin

California Employment News: Gathering Information in a Workplace Investigation – Part 2 (Featured)

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In this featured episode of California Employment News, Lizbeth (Beth) West and Meagan Bainbridge present part two of the Workplace Investigation Series, discussing best practices for collecting information during a workplace...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Washington Public Records Act Now Protects Identities in Workplace Investigations

Investigation records have typically been considered public records under Washington State’s public disclosure law, absent a specific exemption or an established legal privilege. ...more

Seyfarth Shaw LLP

Managing cross border sexual harassment investigations in Australia and Asia––10 key considerations for employers (Part 2)

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In Part 2 of our series, we’ll look at who forms part of an investigation team, how location affects which laws apply to an investigation, notification and timing requirements. (Part 1 covers the definition of ‘workplace’...more

Seyfarth Shaw LLP

Managing Cross-Border Sexual Harassment Investigations: Legal Insights and Practical Realities

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In today’s global workplace, managing sexual harassment complaints is no longer a matter confined to a single jurisdiction. As companies expand across borders, their legal obligations become increasingly complex....more

Weintraub Tobin

(Podcast) California Employment News: Starting a Workplace Investigation – Part 1 (Featured)

Weintraub Tobin on

In this episode of California Employment News, Lizbeth (Beth) West and Meagan Bainbridge present part one of the Workplace Investigation Series, discussing how to start an investigation following an employee complaint....more

Weintraub Tobin

California Employment News: Starting a Workplace Investigation – Part 1 (Featured)

Weintraub Tobin on

In this episode of California Employment News, Lizbeth (Beth) West and Meagan Bainbridge present part one of the Workplace Investigation Series, discussing how to start an investigation following an employee complaint....more

CDF Labor Law LLP

[Webinar] Workplace Investigation Essentials for Employers - Navigating Legal Minefields - May 21st, 10:00 am - 11:15 am PT

CDF Labor Law LLP on

Internal investigations are among the most legally sensitive and operationally disruptive processes for employers—especially when allegations of sexual harassment, discrimination, or retaliation arise. The inherent complexity...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast | Episode 44: Conducting Effective Workplace Investigations with Kimberly Hewitt...

Maynard Nexsen on

This week, hosts Tina and Bridget sit down with Kim Hewitt and Antwan Lofton of Duke University for a conversation on HR investigations. They share their approach to handling complaints and conducting investigations, and...more

Oppenheimer Investigations Group

Digital Danger: When Social Media Posts Can Trigger Workplace Investigations

Employers bear the responsibility of preventing and correcting harassment in the workplace. While the line between on and off duty conduct has never been crystal clear, in today’s hyper-connected world of social media, the...more

Parker Poe Adams & Bernstein LLP

President Trump Signs Order Ending Government Disparate Impact Investigations

On Wednesday, President Donald Trump signed an executive order barring federal agencies from investigating or prosecuting employment discrimination using the disparate impact concept. Most discrimination claims allege that an...more

Vorys, Sater, Seymour and Pease LLP

Strategies for Ensuring Effective Workplace Investigations

Employers are often faced with complaints of harassment, discrimination, retaliation, and other kinds of misconduct. While no two investigations are identical, specific strategies exist to help conduct effective workplace...more

Troutman Pepper Locke

Workplace Investigations – One Size Does Not Fit All

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Over the last few years, employers have faced new and expanded obligations under state and federal employment laws relating to prohibition of discrimination, harassment, and retaliation in the workplace. These changes stem...more

Woods Rogers

Conducting Effective Workplace Investigations

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Nothing catches people’s attention like a high-profile, drama-filled lawsuit. Not every employer will deal with a Blake Lively/Justin Baldoni-level feud, but discrimination and harassment lawsuits arise in all types of work...more

Bowditch & Dewey

NLRB Shakeup – General Counsel Scraps Dozens of Biden-Era Policy Memoranda

Bowditch & Dewey on

On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB” or the “Board”) issued General Counsel Memorandum 25-05 (“GC 25-05”), which rescinded dozens of previously issued memoranda and...more

Ankura

The Hidden Influence: How Culture Shapes Workplace Investigations

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The typical 40-hour workweek, small teams, workload pressures, and frequent interactions can build intimate working relationships, mirroring those of domestic ones. But alongside the benefits, these working relationships can...more

Oppenheimer Investigations Group

Guide for Participants in Workplace Investigations

A quick search on Reddit or Google will reveal that workplace investigations often seem shrouded in mystery. Every person involved—complainant, respondent, and witnesses alike—enter the process with questions: Why has my...more

Cohen Seglias Pallas Greenhall & Furman PC

[Event] Annual Labor & Employment Law Seminar: Key Updates and Best Practices for Employers - September 18th, Philadelphia, PA

We are thrilled to bring back our Annual Labor & Employment Law Seminar in Philadelphia, featuring interactive discussions led by our skilled attorneys on critical topics impacting your business. This year, our Labor &...more

Kaufman & Canoles

[Event] 40th Annual Employment Law Update - July 16th, Hampton, VA

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Sometimes it seems employers are awash with new employment laws and regulations that require effective HR help to navigate. This year’s 40th ELU is designed to update employers on developments like the new proposed EEOC...more

CDF Labor Law LLP

[Webinar] Internal Investigations & The Power Dynamics in the Healthcare Setting - October 4th, 10:00 am - 11:00 am PST

CDF Labor Law LLP on

Employment relationships in the healthcare industry are notoriously complex. Due to the intense work environment, heightened stressors due to the COVID pandemic, and the racial injustice movement, employers in the healthcare...more

American Conference Institute (ACI)

[Virtual Event] Employment Practices Liability Insurance - January 26th - 28th, 10:15 am - 4:15 pm EST

29th Annual Employment Practices Liability Insurance - ACI’s 29th Annual Employment Practices Liability Insurance conference returns on January 26-28, 2021 in an interactive, virtual format! This yearly conference is the...more

Epstein Becker & Green

Employment Law This Week®: Recalibrating Federal Agencies, Marijuana Legalization, the Changing Nature of Work - Monthly Rundown

This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into January 2020. The episode includes: 1. The Recalibration of Federal Agencies The year 2019 was the year of...more

Herbert Smith Freehills Kramer

The NLRB Permits Employers to Impose Confidentiality Requirements in Ongoing Workplace Investigations

On Dec. 17, 2019, the National Labor Relations Board (NLRB) held that confidentiality mandates during the course of workplace investigations are presumptively lawful. ...more

Fisher Phillips

Heed The Flashing Lights – Or 5 Ways To Avoid An Employment Litigation Trainwreck

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When railroad crossing lights flash and whistles blare, everyone knows to stop, look, and listen. Those signals represent a warning, not a permanent roadblock to proceeding. The same is often true of workplace controversies....more

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