You know the scientist dork in the action movie, the one the government ignores? This employment lawyer helps proactive companies avoid the action sequence.
Are you digging deep enough? Let's discuss the importance of conducting fair, thorough, and unbiased workplace investigations. In a recent employment discrimination case, the plaintiff, a Black employee, claimed his termination following a workplace investigation into complaints about his conduct at work, was racially motivated. The employer tried to dismiss the case, but failed. Here's what happened. The plaintiff, a Director of Compliance and Risk Management, supervised 25 employees. A contractor under his oversight complained about the plaintiff’s behavior, alleging he made a racially charged comment—stating he "preferred chocolate cake to vanilla cake" as an explanation for his management style. The contractor interpreted this as favoritism toward Black employees over white employees. This complaint led to an internal investigation. The investigation found the plaintiff had retaliated against the contractor and had not fully cooperated. However, the court noted that white colleagues in similar roles were not subjected to the same scrutiny or discipline. The court emphasized that "a reasonable jury could find that the plaintiff’s white colleagues, who were aware of and involved in the same termination decision, were not disciplined or investigated in the same manner, despite being subject to the same policies." 🔍Employer Takeaways: Three Ways to Keep Investigations Above Board 1️⃣Fair and Thorough Investigations: Workplace investigations should be objective and comprehensive. This means considering all relevant parties, gathering all necessary facts, and avoiding premature conclusions. A rushed or incomplete investigation can undermine the credibility of employment decisions and expose employers to legal risks. 2️⃣Document Everything: Keeping detailed records of investigations and disciplinary actions can help defend against claims of bias or unfair treatment. 3️⃣Consistency is Key: Similarly-situated employees should be held to the same standard. Conversely, unequal treatment of employees in similar situations can create legal exposure. Following written policies and procedures consistently helps promote fairness and reduce legal risks. ⚖️Final Verdict: Handle with Care (and Experience) A well-handled investigation can resolve workplace issues effectively, but a biased or incomplete one can create serious legal and reputational risks. This case underscores the need for employers to take workplace investigations seriously. Investigations don't have to be perfect. However, employers should ensure investigations are fair and thorough and that those conducting investigations are experienced, well-trained, and equipped with the necessary skills to assess facts objectively. #TheEmployerHandbook #employmentlaw #humanresources