EEO Internal Investigations: Guidance for Employment Counsel

Planning and Conducting Effective Investigations of Discrimination, Retaliation and Harassment Claims

A live 90-minute CLE webinar with interactive Q&A

Thursday, September 7, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

This CLE webinar will prepare employment practitioners to counsel clients on legal and practical strategies for planning, conducting and documenting equal employment opportunity (EEO) internal investigations.


The flood of employee complaints and lawsuits alleging workplace discrimination continues unabated. The EEOC’s current strategic plan continues the agency’s focus on systemic discrimination litigation.

Counsel to employers should carefully guide employers’ actions when responding to a complaint of mistreatment based on an employee’s protected status. An inappropriate response to an individual claim may cause an employer to be targeted for a systemic discrimination lawsuit.

A fair and effective EEO internal investigation can be an employer’s best defense against a potential discrimination lawsuit. When conducted properly, an internal investigation can help a company avoid costly and protracted litigation.

Listen as our panel of employment attorneys explains legal and practical strategies for conducting EEO internal investigations. The panel will explain steps that employers and their counsel should take before, during and after investigating claims of workplace discrimination, retaliation and harassment claims to minimize litigation risks for a company.


  1. Planning the investigation/pre-investigation strategies
    1. Benefits and risks of using attorney to conduct investigation
    2. Choosing the right investigator
    3. Common investigation techniques—forensics, surveillance, email reviews, etc.
  2. Conducting the investigation
    1. Gathering evidence/litigation hold notices
    2. Managing the people/instructing managers
    3. Privilege issues
  3. Post-investigation strategies
    1. Documenting the investigation
    2. Evaluating evidence obtained
    3. Determining remedial action
    4. Minimizing risks of employee retaliation claims


The panel will review these and other key issues:

  • Key timing for an employer to bring in counsel to conduct an EEO internal investigation—and special considerations for practitioners involved
  • Collection of email and other virtual evidence related to the allegations underlying the investigation vs. employees’ reasonable expectations of privacy
  • Best practices to minimize the risk of litigation when planning, conducting and documenting internal EEO investigations


Marcia Nelson Jackson, Partner
Wick Phillips, Dallas

Ms. Jackson's practice includes all aspects of employment and labor law, strategic client counseling, preventative training, and internal investigations. In addition to representing employers in single and multi-plaintiff employment lawsuits under federal statutes and state laws, she regularly represents clients in wage and hour collective actions filed under the Fair Labor Standards Act.

Teresa R. Tracy, Partner
Freeman Freeman & Smiley, Los Angeles

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.

Live Webinar

Live Webinar $297.00

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


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AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00
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AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Recorded Audio Download (MP3) $297.00
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Customer Reviews

Convenient, interesting and informative. Strafford brought together good subject matter experts with practical knowledge.

Thom Cope

Udall Law Firm

Good breadth of information.

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Lockridge Grindal Nauen

The webinar was very comprehensive and will be useful for my clients.

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I liked that the speakers were brief, but hit on relevant cases and issues and answered listener questions effectively.

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Korshak Kracoff Kong & Sugano

I appreciated the clear nature of the presentation slides, as well as the Q&A section at the end.

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Alston & Bird

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Employment & ERISA Advisory Board

Susan E. Bernstein

Special Counsel

Schulte Roth & Zabel

Judith (Jude) Biggs


Holland & Hart

Joshua Davis


Goulston & Storrs

Barbara E. Hoey


Kelley Drye

Jeffrey Hollingsworth


Perkins Coie

Diana L. Hoover


Hoover Kernell

Paul J. Kennedy


Littler Mendelson

Marcia Nelson Jackson


Wick Phillips

William C. Martucci


Shook Hardy & Bacon

Laura Foote Reiff


Greenberg Traurig

Eugene Scalia


Gibson Dunn & Crutcher

Peter Steinmeyer


Epstein Becker & Green

Teresa R. Tracy


Freeman Freeman Smiley

Todd D. Wozniak


Greenberg Traurig

or call 1-800-926-7926

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