Utilizing Human Resources Personnel, Inside Counsel or Outside Counsel for Workplace Investigations.

Deciding who should investigate a workplace complaint is critical to an effective defense against an EEOC charge or other employment claim. Management should consult employment counsel on how the selection of a particular investigator will implicate the following considerations: 1. preserving attorney-client privilege to investigation itself; 2. preserving attorney work product doctrine protections for investigative materials; 3. maximizing perception (by claimant, witnesses, EEOC investigator or future jury) that investigator was independent and able to conduct a fair and impartial investigation of alleged wrongdoer; and 4. maximizing perception that investigator had sufficient knowledge of anti-discrimination laws and employer’s polices to provide a full and complete report on claim

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