MCLE Self-Study: This Is Not Your Father’s (or Mother’s) Investigation: How Workplace Investigations Have Changed Over the Past 10 Years

By Susan Woolley and Michael A. Robbins

Susan Woolley has practiced law for 25 years and has extensive experience with discrimination, harassment, and retaliation investigations. She served as an expert and consultant to the U.S. Department of Justice Civil Rights Division and was appointed by the Los Angeles County Board of Supervisors to the Equity Oversight Panel which reviews and evaluates workplace investigations conducted countywide. Ms. Woolley is an adjunct professor at Loyola Law School, where she teaches Fact Investigation. Michael Robbins is President of EXTTI Incorporated, which provides expert testimony, training, and investigation services in employment matters. Michael has conducted and/ or supervised well over 500 workplace investigations, and has served as an expert witness in nearly 500 cases. Prior to forming EXTTI, he practiced employment law for 20 years. He is the President of the Association of Workplace Investigators (AWI).

INTRODUCTION

Employers have been conducting workplace investigations for decades. However, as laws have changed and as courts have provided greater scrutiny of workplace investigations, how investigations are conducted has changed as well. This article addresses many of the developments that have occurred over the past decade.