What do I do if I have an issue around discrimination or harassment, but I’m a super small employer? In the state of Texas, in particular, you go investigate that because as of September 1st of 2021 employers with even one employee, per state law need to investigate sexual harassment
What do you do if you have a concern about scope creep? Scope creep is dangerous. It’s the concept that you started out investigating this thing, and as the investigation has gone, the scope of the investigation has crept outwards. It can be an issue for a lot of reasons
Okay. What do you do if you are interviewing somebody you genuinely dislike? That can be a natural thing. I’ve interviewed rapists, people who have said mean and nasty things about me or even to me. Those people are not the kind of people I tend to like, but at
What do you do about recording your interviews? I do not, as a practice, record my interviews unless my client tells me that it is their practice to record interviews. Generally speaking, in the pre-pandemic era, a recording meant an audio recording; these days, we would do that with an
How do you prove up perceptions? So perceptions are hard to prove, because they tend not to have a legal definition and because they are open to perceptions. So saying that somebody is inappropriate is a great example. Everybody has a different definition of what is and is not appropriate
What do you do to prevent gossip? In my initial admonishments, we tell people things like, “we’ll ask that you maintain a professional level of confidentiality.” And I’ll often say, “As you can imagine, if gossip starts, it depletes the quality of the investigation that I’m trying to do. And,
What do you do when you’re investigating positive stereotypes? So, things like women are good at nursing, or Asians are good at math. Positive stereotypes are just as detrimental as negative stereotypes. And that analysis is outside the scope of this particular video, but positive stereotypes do damage and are
What do you do if the police are involved in your investigation? First, you let the police do their police thing because your investigation has a lower standard than theirs. And so, you let them go first and foremost, and you let them tell you what to do. There can
How do you define the point of an investigation? This is probably a cross between what the reporting party cares about and what your client cares about. So, it could be the case that your reporting party is wrapped up in something that the employer doesn’t care about. People… The
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