We provide objective 3rd party investigations into employment accidents and complaints, including allegations of illegal harassment and discrimination.
Harassment is one of the most frequent complaints brought by employees. The Equal Employment Opportunity Commission identified its priorities for 2013-2016 fiscal years in a new Strategic Enforcement Plan. Preventing harassment in the workplace was included in this list of priorities.
In Crawford v. Metropolitan Government of Nashville and Davidson County, 555 U.S. 271 (2009), the United States Supreme Court reminded employers that they are subject to a "strong inducement to ferret out and put a stop to any discriminatory activities" in the workplace. It explained that employers have been prompted "to adopt and strengthen procedures for investigating, preventing, and correcting discriminatory conduct." Employers must exercise reasonable care to prevent and promptly correct any discrimination.
Risk management tool
The workplace investigation process is an important risk management tool for employers when faced with a harassment complaint. If investigations are done properly, they can aid employers in avoiding lawsuits, offer employers defenses, and lessen damages if there is subsequent litigation. Alternatively, if employers do not investigate complaints or investigate complaints appropriately, they may face greater liability in subsequent lawsuits and agency proceedings.
The integrity of workplace investigations is paramount and requires the use of an experienced, neutral third-party who is knowledgeable about the law and has honed fact-gathering skills. EnformHR is able to promptly and thoroughly gather facts so organizations can find solutions to workplace concerns.
Organizations retain EnformHR to conduct neutral workplace investigations for a variety of reasons:
- They want an objective, unbiased person to conduct the investigation;
- There is a lack of resources to conduct the investigation promptly or thoroughly in-house;
- The conduct or concern complained of was allegedly perpetuated by very high-level employees within the organization;
- They want to send a strong message to those in the workplace that it takes seriously the complaints or concerns that are the subject of the investigation;
- Interviewees are more likely to “open up” and provide important information with a neutral third-party than they would with an in-house HR professional, in-house legal counsel or an attorney representing the organization;
- They want to preserve their relationship with legal counsel and protect against the possibility that their legal counsel may be called as a fact witness, or the attorney-client and work-product privileges may be waived should the matter proceed to litigation.
EnformHR investigates many workplace issues including the following:
- Harassment (including sexual harassment)
- Drugs and alcohol
- Whistle blower