Neutral Fact-Finding – Discrimination investigation and sexual harassment investigation services

The Supreme Court, in two landmark cases in 1998, clarified that employers, to avoid automatic liability for sexually harassing acts of their managers and supervisors, must take "appropriate preventive and corrective" action. This standard is now being extended by the courts and the Equal Employment Opportunity Commission to other types of discrimination in addition to sex discrimination and sexual harassment.

Preventive action of course should include preparing and regularly issuing to all employees strong "zero tolerance" anti-harassment and anti-discrimination policies as well as periodic training.

However, if a discrimination complaint is made, despite preventive action being taken, an employer must take "appropriate corrective action." To decide whether and what corrective action should be taken, the employer must first determine what actually happened -- thus, a prompt, fair and reasonable investigation should be conducted. That harassment or discrimination investigation should include interviewing necessary witnesses in proper order, reviewing relevant documents or physical evidence, and assessing credibility. This process is critical to the employer's ability to determine whether and what corrective action to take, and if litigation should result, will be closely reviewed by the court.

While an employer's Human Resource or Personnel department or officer certainly might conduct such an investigation, more and more employers are using outside neutral fact-finders. Neutral discrimination or sexual harassment investigations are recommended for a variety of reasons, including:

• a higher perception of fairness by the complainant, the accused individual, and witnesses resulting in more candid interviews
• expertise in conducting these specialized interviews, which often involve complex and troubling issues of diversity, cultural and gender differences
• greater potential for confidentiality to be maintained
• familiarity with discrimination laws

Interfacet provides discrimination investigation and sexual harassment investigation services, with expert fact-finders who have wide-ranging and long-term experience in the investigation of employment disputes -- that expertise has been developed and honed through many years of litigation practice in the area of employment discrimination, and "equal employment" agency work. Every fact-finding is tailored to the particular work-site and set of circumstances, to ensure that the employer is meeting its obligations under the law and to ensure that each employee is assured that his or her concerns and rights are being protected also.

Please contact us for more information.