Due Process in Discrimination and Harassment Investigations: How do differences in process impact fairness to parties? Comparing Australia, Canada, Ireland, New Zealand, South Africa and United States

Recently, OIG Founding Partners Amy Oppenheimer and Alezah Trigueros represented the United States in an international discussion at the University of Tuscia (Viterbo, Italy) on investigation practices, joining colleagues from New Zealand, Ireland, South Africa, and Canada to examine how different countries differently approach investigations especially on questions of due process, confidentiality, retaliation prevention, and organizational response following complaints. The session was hosted during the Berkeley Center on Comparative Equality & Anti-Discrimination Law 13th Annual Conference.

Alezah brought her experience with corporate and public sector investigations, as well as her expertise in Title IX investigations and hearings to the conversation, while Amy moderated the discussion comparing the legal frameworks, case law, and practical considerations that shape investigative processes around the world.

One of the most fascinating areas of discussion was due process. Participants compared when respondents are notified, what information is shared with the parties, how complainants and witnesses are protected from retaliation, and how organizations can best move forward in the aftermath of a complaint and/or investigation.

To learn more, please visit the BCCE2026 conference webpage.