Workplace Investigations in 2026: The EEOC Standard Has Changed (And Employers Need to Catch Up)

Workplace investigations are not what they used to be. In 2026, I am seeing organizations face increased risk not necessarily because they ignored complaints, but because their investigation process was inconsistent, unclear, or difficult to defend later. When employers are challenged, the greatest vulnerability is often not the underlying complaint. It is the process. A...

AI, Screenshots, and Retaliation: New Workplace Investigation Risks to Watch in 2026

Workplace investigations are increasingly shaped by digital evidence—screenshots, group chats, DMs, emails, recordings, shared documents, and collaboration-platform messages. In many matters, the dispute is no longer just about what happened. It’s also whether the evidence is complete, authentic, and presented in context. As a workplace investigator and attorney, I’m seeing a growing pattern: parties arrive...

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