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As workplace investigators, we have all been there…we thought there was just one allegation. We had visions of an easy, straightforward, and speedy investigation. But then you meet the complainant and when you ask them, “Is there anything else?” it turns out there is much, much more.
Bias – whether conscious or unconscious – is a problem that workplace investigators grapple with in many forms. Perhaps bias is exactly what we’ve been asked to investigate: was the complainant treated differently at work on the basis of her gender, race or religion? Or, maybe we’re concerned that our own biases are affecting our investigation: do I believe the respondent’s evidence just because he looks and talks like me?
In our digital era, investigators must be increasingly technologically savvy. Evidence can take on many forms, including texts, emails and social media accounts. Many employers provide company-issued phones, which, more often than not, happen to be iPhones that are controlled by Apple IDs and rely on virtual storage. As the workplace is further digitized, and as more offices become mobile or virtual, investigations will naturally be dealing with evidence that is stored virtually on a cloud. As the decision District of Houston v. Canadian Union of Public Employees, Local 2086 (“District of Houston”) illustrates, sometimes when evidence is stored virtually, it is not so easy to access.
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