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Dealing with a Dishonest Party with a Twist: Truth or Consequences – Workplace Investigations Subcommittee

Panel presented by the Workplace Investigations Subcommittee at the ABA, Labor and Employment Section, ERR Committee 2018 Midwinter Meeting.

The session explored best practices for attorney-investigators to ensure an impartial investigation, including the attorney investigator’s obligation when they suspect the client is withholding evidence, misrepresenting facts or otherwise impeding the investigation. Panelists will discuss how courts examine the integrity of investigations, including the concepts of a “fully resourced” investigation under the EEOC’s new mandate; “sham” investigations; investigations that reveal evidence of “pretext”; and legal strategies to ensure an investigation is admissible. The program also covered best practices for in-house investigators and addressing allegations of “investigator “bias.”