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.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Why Understanding, Avoiding, and Responding to Bias Is Important
- Effects on the Complaints
- Effects on the Accused
- Effects on the Organization
Recognizing Bias in Workplace Investigations
- Affinity Bias
- Confirmation Bias
- Stereotypes, Etc.
The Investigative Process
- Who Should Conduct the Investigation?
- Conflict of Interest; Complexity of the Charge
- Timing and Resources; Qualifications
- Conducting Interviews and Gathering Information
- Decision-Making
Appropriate Steps to Take to Avoid Bias in Investigations
- Creating a Consistent Complaint and Investigation Process
- Strategies for Combatting Any Unconscious Bias of Your Own
- Avoiding an Appearance of Bias
- Internal vs. External Investigations
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on April 11, 2022.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 64 Minutes.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
- HR Certification Institute 1.0
- This E-Learning program has been pre-approved for 1.0 (General) recertification credit hours toward aPHR®, aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM), and SPHRi(TM) recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
- SHRM 1.0
- Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
- Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
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 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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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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