Image of What are some indications that an employer performed a sham investigation of a discrimination complaint?

What are some indications that an employer performed a sham investigation of a discrimination complaint?

 

Indications that an employer performed a sham investigation of a discrimination complaint include:

  • The employer blindly credits a suspicious denial by the perpetrator of harassment and relies upon the perpetrator’s accusations against the employee who complained of harassment.  See Vasquez v. Empress Ambulance Service, 835 F.3d 267 (2d Cir. 2016).
  • The company fails to interview several key witnesses.  Gorzynski v. JetBlue Airways Corp., 596 F.3d 93 (2d Cir. 2010)
  • A  shoddy inquiry, such as declining to interview a key witness while crediting the account of a biased witness.  See Martin v. Toledo Cardiology Consultants, Inc., 548 F.3d 405, 414 (6th Cir. 2008)

 

 

 

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Jason Zuckerman, Principal of Zuckerman Law, litigates whistleblower retaliation, qui tam, wrongful discharge, and other employment-related claims. He is rated 10 out of 10 by Avvo, was recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” in 2015 and selected by his peers to be included in The Best Lawyers in America® and in SuperLawyers.