Beth K. Whittenbury

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Experts in Conducting Workplace Fact-finding Investigations, Mediations, and Sexual Harassment Training

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EEOC's Comments

 

 

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EEOC Chairwoman, Ida Castro testified to the benefits of using outside consultants to conduct workplace investigations of employee complaints.   

She says:

Outside investigations are an important tool for employers seeking to comply with the civil rights laws. Small businesses, for example, often do not have the in-house capacity to conduct thorough and credible investigations, and therefore frequently rely on outside entities for these services. . . .

Small businesses, however, are not the only employers that use outside counsel and consultants to conduct discrimination and harassment investigations. Large companies often turn to outside firms to enhance the objectivity and credibility of their investigations. Federal agencies, both for resource reasons and to assure impartial investigations, also frequently contract with outside entities to conduct EEO investigations. In any workplace, an outside investigation may be the only appropriate option where the person accused of wrongdoing is a high ranking official or there are other conflicts of interest.

In addition, EEOC, along with other civil rights enforcement agencies, recognizes the value of outside monitoring and investigation in effectively resolving workplace discrimination cases. Quite simply, an employer that has tolerated discrimination in the past often needs external controls and support to assure that it does not tolerate discrimination in the future. Accordingly, in settling cases, we frequently seek commitments from employers to use outside entities to monitor and investigate claims of harassment and other forms of discrimination.

 

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Last modified: 02/22/07