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

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, February 23, 2022

Recorded event now available

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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.

Description

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.

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Outline

  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 an internal investigation
    2. Review employment records
    3. Prepare employees for interviews
    4. Prepare facility for an investigator's tour
    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

Benefits

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

Faculty

Karasik, Alex
Alex W. Karasik
Attorney
Seyfarth Shaw

Mr. Karasik's practice is centered in the Labor & Employment department, where he defends employers in a wide...  |  Read More

Tracy, Teresa
Teresa R. (Terri) Tracy
Partner
Freeman Freeman & Smiley

Ms. Tracy represents management in all areas of labor and employment law and litigation, including wrongful...  |  Read More

Rhodes, Jeffrey
Jeffrey L. Rhodes
Partner
McInroy, Rigby & Rhodes

Mr. Rhodes advises companies and executives, representing them in the structuring, drafting and defending of...  |  Read More

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