the constangy management training center © 2008 handling eeoc investigations david steffen, esq....
TRANSCRIPT
The Constangy Management Training Center © 2008
Handling EEOC InvestigationsHandling EEOC Investigations
David Steffen, Esq.David Steffen, Esq.Constangy, Brooks & Smith, LLCConstangy, Brooks & Smith, LLC
[email protected]@Constangy.com
The Constangy Management Training Center © 2008
The Notorious NineThe Notorious Nine
• The Most Common MistakesThe Most Common Mistakes– Failure to communicateFailure to communicate– Underestimating the EEOCUnderestimating the EEOC– Being dismissive of the EEOCBeing dismissive of the EEOC– Retaliating against employeesRetaliating against employees– Failure to mediateFailure to mediate
The Constangy Management Training Center © 2008
The Notorious NineThe Notorious Nine
• The Most Common Mistakes ContinuedThe Most Common Mistakes Continued– A delay strategy A delay strategy – Appearing dishonestAppearing dishonest– Taking inappropriate actionTaking inappropriate action– Failing to monitor EEO complianceFailing to monitor EEO compliance
The Constangy Management Training Center © 2008
The Initial MeetingThe Initial Meeting
• Thank the employeeThank the employee
• Reiterate the policiesReiterate the policies
• Employee comfortable with interviewerEmployee comfortable with interviewer
• No retaliationNo retaliation
• Do Do NOTNOT promise confidentiality promise confidentiality
• Urge the employee to write down all Urge the employee to write down all incidentsincidents
The Constangy Management Training Center © 2008
The Initial MeetingThe Initial Meeting• The devil is in the details!The devil is in the details!• Any notes or documents? Any notes or documents? • Any additional witnesses? Any additional witnesses? • Any additional informationAny additional information• Demonstrate that complaint is taken Demonstrate that complaint is taken
seriouslyseriously• Ask what they would like to be doneAsk what they would like to be done
The Constangy Management Training Center © 2008
KEY QUESTIONSKEY QUESTIONS
• Do I need more information to reach a Do I need more information to reach a conclusion? conclusion?
• Am I stopping to early; can I show due Am I stopping to early; can I show due diligence?diligence?
YES? = INVESTIGATE FURTHER!YES? = INVESTIGATE FURTHER!
The Constangy Management Training Center © 2008
Where do I begin?Where do I begin?
The Constangy Management Training Center © 2008
The Investigator should be . . The Investigator should be . . A Fact FinderA Fact Finder
UnbiasedUnbiased
The Employer’s Eyes and EarsThe Employer’s Eyes and Ears
NotNot be affiliated with either party be affiliated with either party
The Constangy Management Training Center © 2008
PLANNINGPLANNING
Create an Outline:Create an Outline:
Known factsKnown facts
Facts that must be gatheredFacts that must be gathered
All potential witnessesAll potential witnesses
All potential documentsAll potential documents
Order of witnesses Order of witnesses
The Constangy Management Training Center © 2008
The InterviewsThe Interviews
Do not leadDo not lead
Do not provide answersDo not provide answers
Do not agree/disagreeDo not agree/disagree
General to SpecificGeneral to Specific
Ask open ended questionsAsk open ended questions
The Constangy Management Training Center © 2008
The InterviewsThe Interviews
Ask the tough questions!Ask the tough questions! Get detailsGet details Request supporting Request supporting
documentationdocumentation Any more witnesses?Any more witnesses? Is there anything else?Is there anything else?
The Constangy Management Training Center © 2008
Interviewing the “Accused”Interviewing the “Accused”
Know the accused’s history Know the accused’s history Permit response to the accusationsPermit response to the accusations Any additional witnesses?Any additional witnesses? Any documents?Any documents? NONO retaliatory conduct!!! retaliatory conduct!!!
The Constangy Management Training Center © 2008
The Interview NotesThe Interview Notes
• Fact Fact notnot opinions opinions• Review for accuracy with Review for accuracy with
intervieweeinterviewee• Write with a third-party in Write with a third-party in
mindmind
The Constangy Management Training Center © 2008
Concluding the InvestigationConcluding the Investigation
• Evaluate the evidenceEvaluate the evidence• What action should be taken?What action should be taken?
The Constangy Management Training Center © 2008
What Action Should Be What Action Should Be Taken?Taken?
• How How severe severe was the conduct?was the conduct?
• How How frequentfrequent were the incidents? were the incidents?
• RelationshipRelationship between the accused and the between the accused and the accuser?accuser?
The Constangy Management Training Center © 2008
What Action Should Be What Action Should Be Taken?Taken?
• If no wrongdoing:If no wrongdoing:–Notify both partiesNotify both parties–Thank both parties for cooperating Thank both parties for cooperating
in investigation in investigation–Reinforce company policyReinforce company policy
The Constangy Management Training Center © 2008
The Position StatementThe Position Statement
Tell your storyTell your story address address allall facts - good and bad facts - good and bad Obtain sworn statements from Obtain sworn statements from
all witnessesall witnesses Include Include relevantrelevant documents – documents –
not all documentsnot all documents CLOSE ALL HOLES!!!!!CLOSE ALL HOLES!!!!!
The Constangy Management Training Center © 2008
Questions?Questions?