Workplace Investigations: Micro-Aggressions & Implicit Bias

Presented in cooperation with the NJSBA Labor and Employment Law Section

This year’s workplace investigations seminar explores issues that are front and center in today’s investigations: how micro-aggressions and implicit bias show up in investigations, what courts consider an “effective” workplace investigation, the use of culture assessments, and open issues such as licensing. The program is beneficial to investigators, plaintiffs and defense counsel who need to assess or challenge an investigator’s methodology.

Program Agenda:

• 9:00 - Legal Update
  • Includes case law discussing “prompt, thorough, impartial” or effective workplace investigations;
  • Stericycle (confidentiality instruction);
  • EEOC April 20, 2023 Promising Practices for Preventing and Addressing Harassment in the Federal Sector,
  • Update on NJ DCR Best Practices;
  • Defamation claims against investigator; and
  • Public sector.
• 11:00 - Break
• 11:10 - Panel Discussion
  • Choice of Investigator
  • Attorney involvement in investigations
  • Internal Investigations during litigation? Why and why not?
  • Use of Expert Witnesses
  • Impact of social media in decision to investigate and manner of investigation
• 12:30 - Break
• 12:40 - Trends and Looking Forward
  • Gender identity, “reverse” discrimination, trauma-informed interviews, pay equity, impact of social media, etc.
• 1:10 - Adjourn