EEO Internal Investigations: Legal and Practical Guidance for Employment Counsel: Planning and Conducting Effective Investigations of Discrimination, Retaliation and Harassment Claims

April 6, 2010
Strafford Publications
90-minute CLE webinar/teleconference with Q&A

This CLE webinar will provide best practices for employment counsel when conducting EEO internal investigations to ensure appropriate response to employee complaints and to minimize liability exposure and litigation risks for the employer.


Employees are filing workplace discrimination lawsuits in record numbers. This trend makes it more important than ever for employers and their counsel to closely examine the steps routinely taken upon receiving a complaint of mistreatment based on an employee's protected status.

A fair and effective equal employment opportunity (EEO) internal investigation can be an employer's best defense against a potential discrimination lawsuit. When conducted properly, an internal investigation can help a company avoid costly and protracted litigation.

A 2009 Supreme Court decision, Crawford v. Metropolitan Gov't of Nashville, created a new complication for employers. The Court held that employees are also protected from retaliation for reporting discriminatory conduct during an internal investigation of another employee's complaint.

Listen as our panel of employment attorneys explains legal and practical strategies for conducting internal investigations of workplace discrimination, retaliation and harassment claims to minimize litigation risks for a company.


The panel will review these and other key questions:

  • When should an employer appoint an attorney to conduct an EEO internal investigation—and what special considerations arise from the attorney's involvement?
  • How can an employer balance the need to collect email evidence related to the allegations underlying the investigation with employees' reasonable expectations of privacy?
  • What is the scope of an employee's right to counsel during an internal investigation?
  • What best practices should employers and their counsel employ to minimize the risk of litigation when planning and conducting internal EEO investigations?


Wayne E. Pinkstone , Partner
Christopher J. Murphy, Partner, Saul Ewing, Philadelphia
Marcia Nelson Jackson, Partner, Wick Phillips, Dallas