Third Party Workplace Compliance Investigations

By on June 27, 2019

Executive Summary of an article written by
Kate Thompson and Charles Diamond, Beau Dietl and Associates

All major corporations have HR departments and policies to combat workplace discrimination and harassment, yet the impact of the #MeToo movement and its consequences demonstrates that current systems are failing to meet the needs of both businesses and employees. A developing industry of third-party support services has arisen to address these vulnerabilities by tackling the work of fact-finding and investigation. Third-party investigators can often greatly reduce the liability of their corporate clients.

By providing a buffer between employees and their supervisors, third-party services help preserve confidentiality, prevent career-damaging rumors and decrease the possibility of managerial interference in an investigation. Investigation of good faith claims can be conducted through a combination of interviews, forensic examinations, data recovery and other methods. Viable services should incorporate best practices including literacy in Title VII actions, privacy and employment law, and Fair Credit Reporting Act compliance, among others.

Creating a corporate climate and office culture that is violation free cannot be effectuated by employing investigators. Comprehensive human resource structures designed to combat and prevent violations and liabilities will create the best protections for modern companies. HR should continually engage in proactive measures to protect its employees, business and reputation. One meaningful application of data obtained through investigations is using it to inform policies and procedures to decrease the ultimate need for these services.

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