EEOC Harassment Investigations: Practical Compliance and Documentation to Reduce Risk

Course Description

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its first significant revision to workplace harassment enforcement guidance in 25 years. The update reflects how harassment and discrimination are addressed in today’s workplace, incorporating changes in work environments and U.S. Supreme Court precedent that recognizes expanded anti-discrimination protections for LGBTQ employees. The agency previously released a draft in September 2023, after an earlier effort to revise the guidance did not advance.

The guidance reinforces that workplace harassment is not limited to sexual harassment. It explains that unlawful harassment may include conduct connected to protected characteristics such as race, sex, religion, and other protected categories, and it provides practical examples that illustrate conduct the EEOC may consider unlawful.

Because complaints can affect the broader organization, investigations often carry serious implications for compliance obligations, workplace culture, employee morale, and trust. However, a formal investigation is not always required. When both parties agree on what occurred, and the issue appears to involve miscommunication, discourtesy, or personality conflict rather than serious misconduct, an informal resolution—such as a direct conversation—may be sufficient. A critical factor is whether additional information must be collected from witnesses, records, or other documentation.

Areas Covered:-

• Learn why having a workplace investigation procedure is a crucial part of employee relations
• Learn what professionals need to have in terms of experience to conduct a workplace investigation
• Learn how what is done and not done during an investigation can provide legal scrutiny and compliance violations
• Learn how the huge fines and penalties of the investigation process will impact your company’s reputation
• Learn the 8-10 steps of an effective workplace investigation to avoid litigation or out-of-court settlements
• Learn what impacted the EEOC to establish this guidance
• Learn what the EEOC determines as harassment
• Learn what types of harassment claims are determined to be based on the EEOC's new guidance
• Learn to identify expanded conduct categories under the 2023 EEOC guidance
• Learn to differentiate federal vs major state investigation requirements
• Learn how to apply structured interviewing, evidence evaluation, and credibility assessment tools
• Learn how to implement corrective-action frameworks that meet EEOC expectations
• Learn how to build an end-to-end investigation protocol and audit checklist.

Why Should You Attend?

When the appropriate response is unclear, initiating a formal investigation promptly is often the safest path. Issues may be more serious than they first appear, and failing to investigate can lead to legal exposure as well as ongoing workplace disruption that impacts productivity. In today’s “if you see something, say something” workplace environment, timely and well-executed internal investigations help organizations respond effectively to employee concerns and take appropriate action.

Strong investigations reduce employment law risk, help prevent liability, and can reinforce corporate culture and employee confidence. In contrast, investigations that are poorly planned or weakly executed can increase liability and damage morale. Careful preparation, effective interviews that focus on facts, and thorough documentation of findings are essential elements of an investigation process that can withstand legal scrutiny and support defensible decision-making.

Who Will Benefit?

• All Employers
• Business Owners
• Company Leadership
• Compliance professionals
• HR Professionals
• All professionals involved with employee relations issues.