Bullying Investigations: Finding Our Way Without a Map

Session Overview:

Bullying behavior and abusive conduct claims are on the rise and with them, new investigations. While there is an existing roadmap of law and regulation to guide sexual harassment and similar types of discrimination investigations, the same type of guidance simply does not exist for bullying complaints. Investigators all too often confront competing expectations among managers and employees on how to approach these types of investigations, which often require the investigator to  navigate heightened and competing emotions. How do you investigate when an employer doesn’t even have a bullying policy? When does appropriate supervision cross into abusive conduct?  What is your role if you see discriminatory patterns that the reporting party has not even identified? What if the Respondent bullies you, the investigator?

This training will help you find your way to findings by identifying strategies on how to (1) craft an appropriate scope of investigation utilizing existing employer policies, (2) elicit relevant information from sometimes traumatized witnesses who are fearful of retaliation due to the alleged bullying, (3) determine whether bullying behavior is representative of discriminatory conduct; (4) make proper findings supported by the weight of the evidence; and (5) deal with tricky issues which can be unique to bullying investigations.

Learning Objectives: 

1. Learn how a prompt, thorough, and equitable bullying investigation can be achieved with the crafting of an appropriate scope;
2. Be able to identify and utilize general employer conduct policies in bullying investigations, even without a specific bullying/abusive conduct policy;
3. Using real-word examples, learn practical steps to address witness concerns to elicit the most relevant information;
4. Learn how to ensure that any factual findings about sustained complained-of bullying conduct answer potential questions that such conduct does not also support a finding of discriminatory conduct based on a protected category.

Disclaimer:

The contents of this webinar and the positions taken are those of the presenter only, may be time sensitive, and are not warranted, endorsed or otherwise recommended by AWI and are not intended to provide legal advice.