Course/Activity Detail

Course Description Attorneys advising employers, or serving as in-house or outside employment counsel, must be prepared to guide clients through complaints of workplace harassment, discrimination, and other misconduct. In many cases, this requires determining when a legally sufficient internal investigation is required and ensuring that it is conducted in a manner that protects privilege, mitigates liability, and complies with applicable employment laws. Given the significant legal exposure at stake, including attorneys’ fees, agency enforcement actions, high-value settlements, reputational harm, and potential evidentiary consequences, learning through trial and error is not an option. Counsel must understand both the procedural and strategic dimensions of workplace investigations. This program provides attorneys with practical and legal guidance on the complex issues that arise during internal investigations. Topics include: (1) identifying legally actionable complaints and determining when an investigation is required under federal and state law, (2) deciding whether the investigation should be conducted by in-house counsel, outside counsel, HR, or a third party, (3) structuring the investigation to preserve privilege and minimize risk, (4) conducting legally sound witness interviews, (5) creating and maintaining defensible documentation, and (6) appropriately concluding the investigation and advising clients on remedial measures. Learning Objectives By the end of this program, participating attorneys will be able to: Analyze when workplace complaints trigger a legal duty to investigate under anti-discrimination and employment laws Evaluate which investigative model (in-house, outside counsel, HR, or independent investigator) best protects the client’s legal interests Structure investigations to maintain attorney-client privilege and work-product protection where appropriate Apply best practices for conducting witness interviews in a legally defensible manner