Employee Relations: The Elizabeth Holmes Effect: Understanding Unconscious Bias in Investigations

By Rebecca Trotsky, on June 28, 2022

Last week I introduced two amazing speakers in a thought leadership webinar on the topic, “The Elizabeth Holmes Effect: Understanding Unconscious Bias in Investigations.”  

  • Jill Rorschach, Esq., President, Employment Practices Solutions, Inc.   
  • Jessica Caspe, Esq., Director of Training and DEI Initiatives, Employment Practices Solutions, Inc.  

What enabled Elizabeth Holmes, the founder of Theranos, to scam investors out of hundreds of millions of dollars and attract anshutterstock_2079486739 impressive Board of Directors? She was young, blond, confident and charismatic. She was able to fool everyone in large part because of unconscious bias. Jill and Jessica spoke to a large audience about ways to avoid unconscious bias in investigations.  

Here are a few highlights of our highly interactive and thought-provoking discussion: 

1. Everyone has biases – evident from a poll taken at the beginning of the webinar – and we need to be able to identify ours to mitigate them. According to Verna Myers’ Ted Talk, “Bias is the result of the stories we make up about people before we know who they really are.” These can be favorable or unfavorable, reflexive responses to past experiences. There are a number of different types, including:

    • Conformity bias – based on how leaders may want the investigation to turn out

2. Developing an Investigation Plan helps to make sure that biases don’t affect what you think before starting the investigation. It helps to center you and understand what questions you need to ask and why you need the information. Everyone who you are questioning should receive the same introduction language that sets the stage for the interview process and states clear goals for the questioning. Questions should also contain neutral language. Focus only on the current issue, without regard to past issues.

3. Assessing the credibility of an investigation participant/witness can include looking at: 

    • Overall demeanor of various parties involved 
    • Consistency of answers and whether responses seem evasive 
    • Plausibility of testimony – does it make sense? 
    • Corroborating testimony from multiple witnesses 
    • Is there a motive to lie? 

You can review the replay of the entire webinar here. I hope you get as much out of listening to it as I did hosting it.  

Additional resources 

Rebecca Trotsky
Rebecca Trotsky

Rebecca is responsible for HR Acuity’s talent acquisition and retention strategy as well as driving employee relations capability and effectiveness across customers, prospective customers and employees with the goal of elevating the impact of employee relations. Her most recent roles with Ingersoll Rand and Krispy Kreme gave her the opportunity to do a deep dive into the world of talent. In addition, Rebecca was lucky enough to live in Paris, France for 3 years and lead the HR function in EMEA during her time with KONE. Rebecca holds a Master of Human Resources degree from the University of South Carolina and a BA from Northwestern University. Since returning to the States, she’s embraced the hobby of making sourdough bread, which her two boys appreciate, and she balances that with walking her dog and yoga. She lives in beautiful Charlotte, but as a native Floridian, is constantly dreaming of being on a warm sunny beach.

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