Investigating #MeToo, Abusive Treatment and Other Harassment Claims
Program ID 2950470
Tuesday, Jun 23rd 2020
09:30 am - 02:00 pm (EST)
3.5 Credits
Course Description:
We continue to see more and more employees assert, at least internally, claims of sexual harassment as well as harassment based on other protected groups, such as race, ethnicity and age. Moreover, employees increasingly are challenging conduct they perceive as abusive, even if it does not relate to a protected group. For human, business and legal reasons, employers must take these claims seriously. While abusive treatment cannot form the basis for a moral or psychological harassment claim in the US, as it can be in other countries, in the absence of a nexus to a protected group, an abusive treatment claim easily can be morphed into unlawful harassment claim. Further, the culture created by abusive conduct not only has a negative impact on workers and productivity but also may make ring hollow clarion calls by an employer that it takes harassment seriously.

Every employer needs to ensure that those who are responsible for internal investigations have received training on what often are very difficult investigations. For example, while employers must take every compliant seriously and treat all complainants with respect, employers also need to make sure the rights of the accused are considered, too.

This seminar provides an overview of key issues to consider in investigating sexual and other harassment claims. Particular attention will be paid to:

  • when to investigate;
  • who should investigate;
  • whether the investigation should be privileged and, if so, how should it be structured;
  • who should be interviewed, including potential witnesses;
  • questions to ask (and to be avoided);
  • determination of credibility;
  • documentation of investigatory process, including conclusory findings of finding;
  • appropriate corrective action (prompt and proportionate) without necessarily admitting legal liability;
  • preventing and responding to retaliation;
  • preventing an responding to interference.

Particular attention will be paid throughout the program to “in the moment” responses to events leading up to investigations and in the context of investigations themselves. Throughout the day, there will be substantial interaction, such as informal role-playing in small groups followed by larger group discussions. There also will be some fun games!
Credits: 4.6 NJ CLE; 4.5 NY CLE; 3.5 PA CLE; 3.75 HRCI; 3.75 SHRM (Other states available for CLE credits upon request)
To pay by check for this program, please fill out this Registration Form
Nonprofits: When registering, please use the promo code NPDiscount2020 when adding this course to your cart to receive your 10% discount.
Jonathan A. Segal
30 South 17th Street, 12th Floor
Philadelphia, PA 19103-4196
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Course Details:
Field of Study
Employment Law
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