USA – NEW YORK Trends and Developments Contributed by: Tracey Levy, Simone Handfield and Raphael Lee, Levy Employment Law, LLC
Selecting a Workplace Investigator: What Should an Organisation Look for? Experience, skill, availability and an open mindset should be key considerations when selecting a work - place investigator. When interviewing external inves - tigators, ask them about their investigation process – they should be able to describe a methodology for approaching a workplace investigation. No two work - place investigations are ever quite the same, but an effective investigator will have a toolkit of techniques to approach the investigation and the humility, curios - ity and drive to regularly reflect on the issues raised and the information gathered so as to reach conclu - sions that are grounded in a well-supported analysis of all parties’ perspectives, documents submitted and other relevant information.
An effective investigator consistently should be gain - ing clarity as to meaning, often by literally asking the interviewee what the interviewee means by a particu - lar word or phrase, why the interviewee made a par - ticular comment, or what something looked, sounded or felt like. The investigator should not accept broad generalisations or loaded phrases (such as “harass - ment”, “hostile work environment”, “toxic” or “gas - lighting”) without also seeking specific examples of the behaviour being referenced. No racial, ethnic or other demographic group has greater knowledge or facility with these techniques – they are the skills that an effective investigator has acquired with time and experience.
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