Promoting and enhancing the quality of impartial workplace investigations.™
Credit Available - See Credits tab below.
Total Credits: 1.0 SHRM, 1.0 CA MCLE
What happens when an employee complaining of bias is in turn met with a charge of bias by the accused? How does an investigator approach this situation in a fair, measured, and effective manner? Is the accused merely deflecting responsibility? Was the original complainant guilty of bias and lodged a complaint in anticipation of being investigated? Is one party simply gaslighting the other—or the investigator? Is it in fact possible for both parties to have violated company policy by expressing bias towards one another? Who to believe? How to know?
This program will explore the nuances and difficulties that arise when there are dueling complaints of bias. Our presenters will address how bias functions, how to make reliable credibility determinations, and how to leverage methods of direct elicitation to the benefit of fact-finding. Participants will walk away with the tools necessary to sift through contesting testimony to arrive at the best possible reconstruction of what took place—and how to respond.
By attending this session, participants will be able to:
Gain an understanding of how bias functions, exploring in particular how tension between people with different protected characteristics could lead to a counterclaim of bias.
Identify how to make accurate credibility determinations, especially when there are counterclaims of bias.
Distinguish between “intent” and “impact” and how these concepts bear upon complaints of bias.
Review and internalize methods of direct elicitation that can prove particularly useful in a situation of dueling complaints.
SHRM PDCs: 1.0
California MCLEs: 1.0
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An experienced employment attorney, Christina Hynes Mesco offers expert guidance to clients with employment law and business-related needs. She frequently negotiates, drafts, and reviews employment-related contracts, such as employment, severance, and non-compete agreements.
Ms. Mesco also represents employees and employers in litigation before state, federal, and local courts and tribunals from case filing through verdict. Ms. Mesco frequently provides workplace trainings for employers. She has provided custom-tailored training to numerous employers, helping them update their policies, develop best practices, and create positive workplace cultures that allow businesses to thrive and employees to feel appreciated.
Further, Ms. Mesco routinely conducts internal investigations and audits on behalf of employers on a variety of topics, including harassment, discrimination, retaliation, and culture-related issues. She is well-versed in the nuances of workplace investigations, including investigation planning, witness interviewing, making credibility assessments, and reporting on internal investigation results.
Kristen Prinz is an?employment lawyer,?business counselor, workplace investigator, and founder of The Prinz Law Firm.
Ms. Prinz represents business owners, senior executives, lawyers, and physicians in a variety of employment and business matters. She has litigated claims of discrimination, harassment, and retaliation before state and federal courts at the trial and appellate level; administrative agencies including the EEOC, the Illinois Department of Human Rights and the Cook County Human Rights Commission; and numerous arbitration panels.
Ms. Prinz has developed a workplace training practice focused on educating businesses and employees on ensuring compliance and creating healthy workplaces. She regularly speaks to business owners, associations, and professionals on topics including workplace policies, workplace culture, harassment and discrimination, and diversity and inclusion. She has conducted numerous workplace investigations on a variety of claims, and regularly performs workplace culture audits to prevent and address potential conflicts in organizations.
Ms. Prinz was selected for inclusion in Crain’s Chicago Business’ List of 50 Most Influential Female Attorneys, and has been named a Best Lawyer, a Leading Lawyer, and a Super Lawyer. She received her J.D. with honors from IIT Chicago Kent College of Law and a B.A. in English from the University of Iowa.