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 participated in the Berkeley Center for Comparative Equality & Anti-Discrimination Law’s international conference at the University of Tuscia in Viterbo, Italy. The conference brought together academics, lawyers, investigators, and practitioners from around the world to examine emerging issues in discrimination, harassment, violence prevention, due process, and organizational accountability.

As part of the program, Amy and Alezah joined fellow thought leaders in the space Colleen Cleary (Simmons & Simmons), Monica Jeffrey (JMJ Workplace Investigation Law LLP), Caroline Rieger (Black Door Law), and Tanya Venter (Tokiso) for a comparative discussion, “Due Process in Discrimination and Harassment Investigations: How Do Differences in Process Impact Fairness to Parties?” The panel examined approaches across Australia, Canada, Ireland, New Zealand, South Africa, and the United States, exploring how different legal frameworks shape due process, confidentiality, retaliation prevention, and organizational response following complaints.

One of the most engaging areas of discussion centered on 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 or investigation. The conversation highlighted both the common principles and important distinctions that guide investigative work across jurisdictions.

Amy chaired the panel, while Alezah contributed insights drawn from her extensive experience conducting workplace and Title IX investigations and serving as a hearing officer. Together with their international colleagues, they explored how differing legal systems seek to balance fairness, accountability, and effective organizational response.

To close the conference, Amy performed her acclaimed one-woman show, Looking for Justice (In All the Wrong Places). The performance offered attendees a different lens through which to consider many of the issues explored throughout the conference, using storytelling and performance art to examine questions of justice, violence prevention, accountability, and responses to harassment. The presentation was warmly received and provided a memorable conclusion to a conference devoted to advancing equality and improving institutional responses to misconduct.

We are proud to contribute to global and academic conversations about investigative best practices and to help shape the evolving standards that support fair, thorough, and impartial investigations.

To learn more about the conference, please visit the BCCE2026 conference webpage.