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Avoiding Bias in a Workplace Investigation

 

Understand different types of bias and how they can impact an investigation.

A workplace complaint is an opportunity for an employer to investigate and determine whether an employee's rights have been violated. Done properly, an employer can eliminate workplace bias or harassment. If mistakes are made, the employer is at risk of continued harassment or discrimination, massive employee engagement, morale, and employee retention challenges.
An employee complains of harassment in the workplace. The person selected to conduct the investigation is not prepared to investigate. This challenge is compounded by the fact that many of the witnesses identified relate better with the harasser as opposed to the victim.
During this course, you will gain an appreciation of the inherent challenges in conducting a workplace investigation. You will learn how to decide who conducts the investigation. You will learn how to recognize and combat bias. You will understand the steps to minimize bias before, during, and after the investigation. You will also learn proactive steps that can be taken to protect privacy and avoid retaliation.

Agenda

Faculty

David G. Gabor

David G. Gabor

The Wagner Law Group

  • Founder and director of DGN Workplace Initiatives
  • Partner with The Wagner Law Group
  • Has extensive experience in human resources, litigation, and alternative dispute resolution
  • Human resources practice includes compliance, drafting policies, preparing manuals, conducting training, handling workplace investigations, conducting audits, and counseling clients in all aspects of the employee-employer relationship
  • Litigation practice includes employment discrimination, harassment, employee classification, wage and hour, unfair competition, non-compete, and ERISA matters
  • Conducts regular seminars, workshops, and webinars on matters concerning employment law and human resources
  • Recognized as a Super Lawyer in New York, Massachusetts, and New England
  • J.D. degree, Touro College Jacob D. Fuchsberg Law Center; B.A. degree, The University of Michigan
Diane Gold

Diane Gold

Diane Gold Consulting

  • Employment attorney who has focused on the prevention, investigation, and resolution of workplace issues for over two decades
  • Prior experience as a litigator in one of D.C.’s premier employment law firms
  • Experience handling and managing investigation related to all types of harassment and discrimination as well as retaliation, fraud, abuse, and other types of workplace misconduct
  • Service as an employee relations attorney and a harassment prevention office for the Social Security Administration
  • Received training in workplace mediation from the Northern Virginia Mediation Service in 2001 and has successfully mediated cases for the Equal Employment Opportunity Commission as well as private organizations
  • Has served as an arbitrator with the Financial Industry Regulatory Authority (FINRA)
  • J.D. degree, American University, Washington College of Law; B.A. degree, Lehigh University

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