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Welcome to AWI

Our Mission. The mission of the Association of Workplace Investigators is to promote and support workplace investigations as a distinct area of expertise and to enhance the quality of workplace investigations.

Who We Are. AWI encompasses all workplace investigations, whether performed internally or externally, addressing matters such as workplace misconduct (for example, violations of employer policies, ethical violations, fraud, discrimination, harassment, retaliation and violence), job performance, workplace safety, audits, job function analyses, and whistleblowing allegations.

What We Do. AWI accomplishes this mission by providing training and continuing education, publishing articles of common interest, creating opportunities for networking and discussion of common concerns, identifying guiding principles and ethical standards, and making available other services of value to workplace investigators.

Guiding PrinciplesGuiding Principles Pamphlet Available Without Charge

News & Announcements

Authors Needed for AWI Journal

Toronto AWI Meeting

Eliminating Bias Webinar July 31

NLRB Confidentiality Update

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Featured Member

Featured Member

Robin Oaks

Robin Oaks

Robin Oaks is an attorney who practices exclusively as an independent workplace investigator, trainer, and conflict resolution consultant. Ms. Oaks worked as an employment and education law attorney for twelve years. Since 1997 she has focused her practice on conducting investigations and resolving conflicts in both the public and private sectors. She began her legal career in 1985 as a judicial law clerk for Judge John Garrett Penn, District Court, District of Columbia, who was the trial judge for Meritor Savings Bank v. Vinson, the landmark case in which the Supreme Court first recognized a hostile environment claim under Title VII. A former public school teacher and law school instructor, Ms. Oaks has special expertise investigating sexual harassment and discrimination complaints arising in schools and public institutions.  She has written extensively about investigations, including the chapter, “Cross Cultural Issues and Sexual Harassment,” in a national textbook published by Allyn & Bacon, and the section on conducting investigations in Educator’s Guide to Controlling Sexual Harassment, published by Thompson Publishing Group.

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Toronto AWI Meeting



Monica JeffreyKeith RohmanJennifer MacKenzie

By Monica Jeffrey, Keith Rohman, and Jennifer MacKenzie

AWI’s first international event was very successful. Despite unseasonably cool weather, and a rainy Monday night in downtown Toronto, almost 30 people showed up—employment and labour lawyers, some from the largest firms in the country, some from banks, some from small law firms doing some investigations, and one private investigator.

The event began at 5:30 pm. on June 10, 2013. AWI Board member Keith Rohman from Los Angeles spoke for about 25 minutes about AWI and the issue of impartial investigations. Workplace investigations are a growiToronto Reception

After Mr. Rohman's presentation people stayed around chatting with each other, asking questions, and just hanging out until about 8:00 pm.  A number of people talked about joining AWI, attending the annual conference in the fall, and signing up for the Institute in California next February.

The event hosts and Toronto Local Circle leaders Monica Jeffrey and Jennifer MacKenzie are following up with the attendees about this. The feedback they have received has been extremely positive and there seems to be great interest in joining AWI and growing the Local Circle. They are planning to hold the next meeting of the Local Circle in September. Anyone interested in participating should contact Ms. Jeffrey or Ms. MacKenzie at (416) 483-0800.
 

Authors Needed for AWI Journal

Susan WoolleyBy Susan Woolley
AWI Journal Editor

Calling all writers, scholars, deep thinkers and those aspiring to be such -- we are seeking articles for the next issue of the AWI Journal. Submissions are due by July 15, 2013.  If you would like to discuss ideas for a topic, we have lots of ideas and would be delighted to talk. If you already have written something you would like to publish, please send it along. Please pass along ideas and articles to me at awijournal@aowi.org. Thank you!
 

Eliminating Bias In Investigations - Free Webinar July 31, 2013, 2 to 3 pm EDT

Presented by Amy Oppenheimer

Amy Oppenheimer

An investigator’s job is to come to an unbiased conclusion about something that has occurred. But if the investigator is impacted by unconscious biases, staying impartial can be challenging. It’s important, therefore, for anyone conducting investigations to recognize the potential for bias and work towards eliminating it. The more we understand our own biases, and the vulnerability we all have to be influenced by cognitive biases, the more we can do to prevent these biases from impacting our decision making.

Join us on Wednesday, July 31st, from 2pm to 3pm EDT, as Amy Oppenheimer, attorney, author and leading expert on workplace investigations, teaches investigators to conduct impartial investigations that aren’t affected by unconscious biases or the influence of external forces. Webinar attendees will learn:

    • To identify the different forms of unconscious bias
    • The impact that bias can have on an investigation
    • How to recognize the signs of unconscious bias
    • What the Implicit Association Test (IAT) can teach us about unconscious bias
    • What studies have taught us about bias in different segments, such as law and education
    • What confirmation bias is and how to avoid it
Register for the Webinar
Read more...
 

NLRB Confidentiality Update

LenzBy Thomas A. Lenz

The NLRB has issued an Advice Memorandum in the Verso Paper case. The NLRB’s Division of Advice (“Advice”) is based at headquarters in Washington, DC and makes decisions whether to prosecute on hot topic and complex issues.  In this instance, Advice instructed the Milwaukee Regional Office of NLRB to prosecute an employer under the Banner standard.  The employer had a rule designed to protect confidentiality during investigations.

Advice viewed the employer’s confidentiality requirement as a blanket rule lacking business justification for the confidentiality requirement, citing the Hyundai ruling as barring a “blanket rule” and the Banner ruling for standards to evaluate whether confidentiality is lawfully required.  In particular, Advice asserts it is the employer’s burden to demonstrate the business justification in the context of each “particular investigation.”

In footnote 7 of the memorandum, the Agency takes a new tack by proposing language the employer could use to modify and make its policy lawful.  This is quite unlike how NLRB has been dealing with policy issues in the past, stating their only role is to review and prosecute, not to edit or draft policy language. I recommend review and consideration of the Advice Memorandum in the context of issues I have discussed and presented on for AWI.
Read more...