Paul Scheck, a partner in Shutts & Bowen LLP’s Orlando office, was recently featured in a Law.com article titled, “Lawyers Warn: Little-Noticed Report Could Spell Bad News for Employers,” on November 4, 2024.

According to the Law.com article, employers should prepare for the Equal Employment Opportunity Commission (EEOC) to pay more attention to the caliber of their internal investigations into workplace harassment.

Paul spoke to Law.com about how the EEOC views workplace harassment claims and how HR directors should handle them, as well as lawyers as witnesses.

Paul noted that “the agency says that such complaints should receive a "prompt and remedial" response, but what that means will vary depending on the circumstances, including the number of people involved, the complexity of the issues, and any scheduling problems.”

Paul also explained that non-accused HR managers are the ideal people to investigate the misconduct with an office manager as the next best option. In the article, he elaborated that having the company hire an outside HR consultant is the next best option, with hiring legal counsel to conduct the investigation the final option. "[T]his, however, makes the investigating attorney a witness to the investigative process, and may later disqualify that attorney and/or the firm from defending the company in any subsequent lawsuit, thus this is why companies often want to avoid this," said Paul. 

To read the full article, click here.

‏

About Paul J. Scheck

Paul Scheck is a partner in the Orlando office of Shutts & Bowen LLP, where he is a member of the Labor and Employment Practice Group. A Martindale Hubbell AV® rated attorney, Paul has been named one of the Best Lawyers in America® in Labor and Employment Law. He has worked with employers and human resources professionals for nearly 29 years, and has assisted them through many labor and employment challenges, from corporate policies to wage and hour matters, non-compete claims to discrimination and harassment cases, ADA Title II accessibility claims to unfair labor practice charges.