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Workplace Investigations: Understanding Micro-Aggressions and Implicit Bias

On September 30, 2021, Kirsten Scheurer Branigan was a panelist at a live webcast hosted by the New Jersey Institute for Continuing Legal Education entitled “Workplace Investigations: Understanding Micro-Aggressions, Implicit Bias, and the Impact of Long-Term Virtual Workplaces on Employees and Workplace Cultures.” Ms. Branigan was joined by moderator, Elizabeth Gramigna, Esq. Other panelists included Dr. Poyee Chiu; Clotelle Drakeford, Esq.; Philip J. Lipari, Esq.; and Dina Mastellone, Esq.

This year’s workplace investigations seminar explored the approaches needed to conduct a fair and complete investigation, and covered topics including:

  • Understanding microaggressions

  • Are microaggressions actionable in court?

  • Understanding implicit bias

  • How to conduct a culturally competent interview

  • Developing an information gathering process

  • Building trust with plaintiff and witnesses

  • Understanding and summarizing the witness’s story

  • Making findings about conduct

  • How impact of virtual workplaces has impacted claims