In a June 18, 2013, post on Win-Win HR, entitled Workplace Investigations: $300,000 in Sanctions Highlights Risks of Using Employer’s Regular Counsel, Lorene Schaefer highlighted a case in which an outside law firm’s investigation into a claim of discrimination led to an award of $300,000 in sanctions, plus other penalties against the employer and its law firm. See EEOC et al. v. Spitzer et al. 

After the Supreme Court’s recent decision in Vance v. Ball State (see the Vance opinion here and my earlier post here), workplace investigations into discrimination, harassment, and other employee claims, will be even more important. After Vance, courts will analyze fewer cases under a strict liability theory. More cases will depend on prompt and complete investigations to avoid findings that the employer was negligent and therefore liable for the bad conduct of the plaintiff’s managers and co-workers.

In the Spitzer case…