Guide to Performing Discrimination and Harassment Investigations, Part 2
Mackenzie Wilfong, J.D., CAAP Director of Affirmative Action, Title IX and ADA Coordinator for OSU at the April 21st, 2011 SAHRA Meeting.
“Guide to Performing Discrimination and Harassment Investigations, Part 2” was presented by Mackenzie Wilfong, J.D., CAAP. Mackenzie discussed the questions that should be asked during an investigation, how the EEOC assess credibility, and issues with investigation report writing.
Beginning with an open ended question such as “What brings you here?”, was mentioned as a key question when interviewing the Complainant. When interviewing the Accused, asking “Why do you think we are here?” was described as fundamental.
Always asking if you are being recorded was discussed. Mackenzie advised that Oklahoma is a one party consent state; as long as the person recording the conversation gives consent (and why wouldn’t they if they are recording it!), then the audio is admissible in a court of law. Her recommendation is to allow note taking but to request all recorders to be shut off before you proceed.
Other recommendations include avoiding facial and physical expressions, and well as avoiding “why”questions and finishing statements for the Complainant. Don’t reveal names of others being interviewed and don’t shy away from difficult questions or anatomically correct language.
The EEOC assess credibility by considering the following: corroborative evidence, a lack of corroborative evidence where it should exist, a very detailed Complainant, a complaint that is consistent, a complaint that is plausible, testimony from people who say the Complainant’s demeanor changed immediately following the alleged incident, testimony from people with whom the Complainant discussed the incident, and the existence of reports from other workers who say they, too, were harassed by the accuser.
Mackenzie cautioned to consider who you are writing the investigation report for and to only type up recommendations once you know that they will be followed. Additionally, write a letter to Complainant and Respondent that there is or is not sufficient evidence and take appropriate action consistent with the finding.
Oklahoma City is hosting an EEOC Technical Assistance Seminar on Thursday, June 2, 2011 which will be presented by The EEOC Training Institute. Click here to learn more and click HERE to register!
