Don Livingston Quoted by Law360 on Bad Practices in EEOC Investigations

Law360, for its article “Employers’ EEOC Survival Guide: The Investigation,” quoted Akin Gump labor and employment partner Don Livingston on missteps made by employers during Equal Employment Opportunity Commission (EEOC) investigations.

Livingston, a former EEOC general counsel, said, “There are a lot of bad practices in EEOC investigations. Most of them fall under the general umbrella of making the mistake of treating the investigative procedure as if it were litigation.”

He noted that those bad practices include employers arguing with the investigator as if they were before a judge or overemphasizing legal precedent rather than focusing on the facts that inform an investigation.