• 29 minutes

Investigating the Complaint


Before you do anything make sure you are careful to suspend your own preconceptions.

There are some key initial considerations when investigating a complaint of discrimination or harassment. Gather and protect the evidence using the Five W’s – who, what, when, where and why. Investigators may have to assess credibility where evidence or accounts conflict. Determine if the investigation should be directed by counsel, and make that decision up front. This video reviews attorney-client privilege, confidentiality issues, protection of the whistleblower, and best practice tips for interviews.

Runtime: 28 minutes



Colin Barnacle

Colin Barnacle

Ascent Law, PC

  • Partner in Denver office of Nelson Mullins Riley & Scarborough LLP
  • Practice emphasizes all aspects of labor and employment, with particular emphasis on EEOC and OFCCP class action litigation and systemic discrimination investigations
  • Conducts regular seminars and workshops on numerous key labor and employment areas including, but not limited to, EEOC and OFCCP defense, affirmative action compliance, conducting workplace investigations, and FLSA and ADA/FMLA compliance
  • Wrote several publications related to the areas of the EEOC and OFCCP’s systemic discrimination initiatives and FLSA/wage and hour collective and class actions
  • Former in-house head of International Labor & Employment compliance at The WhiteWave Foods Company and The Gates Corporation
  • J.D. degree, University of Denver Sturm College of Law; B.A. degree in political science, Amherst College
  • Can be contacted at 303-583-9918 or [email protected]

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