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.

The panel will cover:

• When allegations involve micro-aggressions;
• How implicit bias shows up and may impact an investigation;
• Legal update regarding standards of an effective investigation and use of expert witnesses;
• Questions around licensing, as it relates to workplace investigations;
• Benefit of workplace culture assessments;
• The Great Resignation;
• Understanding microaggressions;
• Are microaggressions actionable in court?;
• Understanding implicit bias and how it might impact an investigation;
• What are the hallmarks of an effective investigation?;
• Recent court rulings pertaining to efficacy of an investigation;
• Licensing;
• Culture-assessments; and
• Improving work culture.