Letter from the Editor of Newly Published AWI Quarterly

By Debra L. Reilly, Editor, AWI Quarterly

As we start the third year of what is now the AWI Quarterly, we would like to hear from you, the Readers. Are we satisfying your needs? Is there a particular topic that you wish would be addressed more substantively? Please keep in touch with us at publications@aowi.org.

We heard at the AWI Conference last November that readers enjoy hearing about new cases that come down affecting workplace investigators. We try to gather most of the California cases and report to you on them, but if ever you see a case, feel free to send me an email and we will prepare an article on any case relating to what we investigators do. And, now that we are a national/global association, we welcome our non-California members giving us notice of cases from other jurisdictions. In fact, this month one of our lead articles is by our new Board Member, Julie Moore from the Massachusetts and New Hampshire area, who is reporting to us about an interesting case from her neck of the woods.

Our second lead article, by Judith Rosenberg, points out practical advice from her personal experiences as an attorney investigator on how to pick the right investigator.

Our last article is by Cynthia Remmers, who takes us on a journey about how investigations can be used as part of an employer’s internal ADR process. Employers who use investigations as an ADR method are certainly on the cutting edge and go a long way towards saving everyone (employer, accuser, and the accused) time, money, and frustration.

We appreciate your support and hope you enjoy this issue of the AWI Quarterly.

AWI Fills Gap for Growing Profession

By Amy Oppenheimer, President

Over the last decade, the employer's internal investigation of an EEO, whistleblower or retaliation complaint has become ever more critical. EEOC regulations call for an effective investigation that includes several key components. State and federal law allow for greater liability when there is a botched investigation and lesser liability when there has been an adequate one. Lawsuits scrutinize the employer's investigation and unseasoned investigators may be in the awkward position of having to testify at deposition, at a hearing or in court and finding themselves unable to articulate why they did what they did.

Despite the high stakes of a workplace investigation, the investigators themselves may not have received training or an opportunity to learn and improve on the skills and knowledge necessary to perform a workplace investigation. While HR and legal conferences often provide some basics on a workplace investigation, it is the rare forum that goes beyond those basics to really prepare the professional in this field for the multiple tasks that must be performed.