EEOC Onsite Investigations: Employer Best Practices for Preparing for and Cooperating With Investigators

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, February 22, 2017
Recorded event now available

This CLE webinar 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.


Employers’ failure to participate in or cooperate with EEOC onsite investigations has been cited as a recurring problem for the EEOC. Onsite investigations involve interviews with employees, requests for and review of critical employment records, inspections of the workplace, and more.

A 2016 ruling by the U.S. District Court of the Eastern District of Kentucky, EEOC v. Nucor Steel Gallatin, which authorized an EEOC investigator to enter a private business to investigate a discrimination claim without the business owner’s consent or an administrative warrant, highlights the importance of employers taking EEOC onsite investigations seriously.

Counsel to employers must advise clients on how to strategically prepare for and cooperate 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, employers must be advised 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 key for employers in determining how to frame their response 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.


  1. Latest developments in EEOC onsite investigations
    1. EEOC v. Nucor Steel Gallatin Inc.
    2. Tape recording witness statements
  2. What to expect during onsite investigations
  3. How to prepare for onsite investigations
    1. Conduct internal investigation
    2. Review employment records
    3. Prepare employees for interviews
    4. Prepare facility for tour by investigator
    5. Reiterate non-retaliation policy for employees participating in EEOC investigations
  4. Tips for cooperating with onsite investigations
  5. 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


Gerald L. Maatman, Jr., Partner
Seyfarth Shaw, Chicago

Mr. Maatman has a primary emphasis in his practice on defending employers sued in employment discrimination class actions, wage and hour collective actions, EEOC pattern or practice lawsuits, and civil rights/denial of access class actions brought in federal and state courts throughout the U.S. Mr. Maatman also pioneered the process of conducting employment practices audits to assist employers in structuring effective and practical personnel policies and protocols.

Jeffrey Rhodes, Partner
Doumar Martin, Arlington, Va.

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.

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.


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Susan E. Bernstein

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Schulte Roth & Zabel

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Holland & Hart

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Hoover Kernell

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William C. Martucci


Shook Hardy & Bacon

Laura Foote Reiff


Greenberg Traurig

Eugene Scalia


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Epstein Becker & Green

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Freeman Freeman Smiley

Todd D. Wozniak


Greenberg Traurig

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