EEOC Onsite Investigations: Employer Best Practices for Preparing for and Cooperating With Investigators
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Employment and Workers Comp
- event Date
Wednesday, November 15, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will explain the latest legal developments regarding EEOC onsite investigations, including what employers should expect from onsite investigators, how employers can prepare for and cooperate with the investigation, how the fact-finding process works, how the EEOC evaluates evidence and credibility of witnesses, and more.
Mr. Rhodes advises companies and executives, representing them in the structuring, drafting and defending of their corporate transactions and employment practices to help accomplish their business goals. His practice focuses on employment disputes in the areas of non-competes, compensation, wage and hour, discrimination, harassment, retaliation, wrongful discharge, whistleblower, severance, and benefits issues.
Mr. Karasik is a core member of Duane Morris’ Workplace Class Action group. He defends businesses in employment law matters ranging from bet-the-company class actions to high-stakes single-plaintiff lawsuits and administrative charges. Mr. Karasik represents clients in a broad range of industries, including restaurants, hotels, sporting venues, retailers, automotive manufacturers, logistics companies and staffing entities. These clients include Fortune 500 multi-national companies and local Chicagoland businesses. His legal analysis has been featured in publications such as Forbes, Law360, Westlaw Today, SHRM, HR.com, the Cook County Record and the Northern California Record. He was recognized by Best Lawyers “Ones to Watch” for 2022 and 2023.
Ms. Tracy represents management in all areas of labor and employment law and litigation, including wrongful termination, discrimination, wage and hour, class action, union organizing campaigns, grievances and arbitrations, and collective bargaining. She also provides preventive services, including comprehensive counseling and training.
The EEOC cites employers' failure to participate in or cooperate with EEOC onsite investigations as a recurring problem. Onsite investigations involve interviews with employees, requests for and review of critical employment records, inspections of the workplace, and more.
The U.S. District Court of the Eastern District of Kentucky, in EEOC v. Nucor Steel Gallatin, authorized an EEOC investigator to enter a private business to investigate a discrimination claim without either the business owner's consent or an administrative warrant. Nucor Steel highlights the importance of employers taking EEOC onsite investigations seriously.
Counsel to employers must advise clients on strategically preparing for and cooperating with onsite investigations to avoid a finding of reasonable cause to support the employee's allegations. In addition to practical matters such as preparing a comfortable environment for the investigator, counsel must advise employers to limit the scope of their responses to the allegations in the charge, even if investigators attempt to inquire about observations they make while onsite that are unrelated to the charge.
Understanding how the EEOC evaluates the evidence obtained is critical for employers to frame their responses to onsite investigations.
Listen as our authoritative panel of employment law attorneys discusses best practices for employers and their counsel for preparing for and participating in EEOC onsite investigations.
- Latest developments in EEOC onsite investigations
- Effect of EEOC v. Nucor Steel Gallatin Inc.
- Tape recording witness statements
- Other legal developments
- What to expect during onsite investigations
- How to prepare for onsite investigations
- Conduct an internal investigation
- Review employment records
- Prepare employees for interviews
- Prepare facility for an investigator's tour
- Reiterate non-retaliation policy for employees participating in EEOC investigations
- Tips for cooperating with onsite investigations
- How the EEOC evaluates information obtained
The panel will review these and other key issues:
- Techniques for preparing for EEOC onsite investigations
- Dos and don'ts for employers during onsite investigations
- How the EEOC evaluates evidence and credibility of witnesses
