Conflicts of Interest in Internal Investigations

If you file an internal investigation, alleging racially-based misconduct on your job, it’s important that you know who is involved in the investigation and that you are watchful for people who may have a conflict of interest.

You want to make sure the investigation is going to be fair and impartial. So, you should do everything possible to make sure that the investigation isn't easily stacked in your employer’s favor. Therefore, it’s okay to question whether certain people can be objective and to express your concerns in writing. You should do this before any investigation begins.

For instance, if you are having a problem with a coworker in your department, you would be right to be concerned if one of the investigators is your mutual boss/executive manager who is buddies with or favors your coworker. You would be right in believing that this individual’s input could taint the investigation in your coworker’s favor. You should find out what kind of input this person will be asked to provide and voice your concerns if the input would be prejudicial.

Do not make it easy for people to execute a campaign against you. If you think a person will take the opportunity to discredit your case, put your concerns in writing and sit down with Human Resources to see if there is a way to have this person remove themselves from the investigation.

If Human Resources insists this person participate in the process, make sure a copy of your written protest against their participation remains in the investigatory record. This might be necessary documentation for an appeal.

In other words, don’t let them pretend you didn’t voice concerns about personal biases early in the process. Make sure you document any complaints about possible conflicts of interest, that you track who you complained to, and that you have a list of their responses.