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According to the EEOC guidelines, “The employer should ensure that the individual who conducts the investigation will objectively gather and consider the relevant facts.” Objectivity is imperative to discrimination investigations, especially in harassment cases where witnesses must be asked proper questions and credibility must be weighed. Many employers and employees are concerned that internal personnel are too familiar with the employees and the complaint circumstances to be truly objective. This potential objectivity dilemma, whether actual or perceived by employees, the EEOC, or federal and state court judges, should never be applicable to independent consultants who report the facts.
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