Human Resources EEOC ComplaintBY JEREMY HEADYPREPARED FOR HUMAN RESOURCES BUS1400

What is the EEOC?EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

What laws affect the EEOC?

Authorized by Title VII of the Civil Rights Act of 1964

Additional laws affected: Age Discrimination Employment Act of 1967 Equal Employment Opportunity Act of 1972 Pregnancy Discrimination Act of 1978 Americans with Disabilities Act of 1990 Civil Rights Act of 1991

How to deal with an EEO Complaint

Complaint Example:

Company has a policy in which if an employee does not show up or call off for 3 days in a row, it is considered voluntary termination of their employment.

An African-American man who has a pending EEOC charge of race discrimination against the company has failed to call or show up for work for the past three days.

This same employee has had several write ups for other attendance issues.

What should we do as a company to avoid any violations?

More Information Needed

Who is the complaint against? What is the exact complaint? Is the complaint a

misunderstanding? Has the company enforced

attendance policies across the board?

Is the documentation written by the target of the complaint?

SWOT Analysis

Strengths

Attendance Policy

Documentation of prior attendance violations

Weaknesses

Retaliation complaint

If employee is allowed to stay on pending investigation, this could lead to enforcement issues with the attendance policy.

Opportunities

Enforced attendance policy

Shows how the company addresses EEOC complaints

Provide training and experience for HR professionals

Shows employees that the company takes EEOC matters seriously.

Threats

Organization seen as racist

If complaint is successful, employee who was complained against could become hostile.

If complaint is not successful, there could be hostility among minority workers claiming unfair treatment.

Company could be sued as a result.

Example of a Misunderstanding

What is said“You people just don’t understand my problem!”

What is intended“Worker employees don’t understand the problems of a person in my position”

What is heard“Black people don’t understand white problems”

Retaliation

Ensure to establish a review process before taking any actions related to or dealing with any issues involving the charging party. 

Warn managers that the law prohibits retaliation against an individual who has filed a charge of discrimination. 

You want to avoid creating a valid claim of retaliation after the charge has been filed, particularly when the underlying charge may otherwise have no merit.

Dealing with Retaliation

What’s an HR Manager to do?

Recognize own bias first

Legal Advice

Obtain legal advice from the legal team if there is one regarding the termination of the employee based on attendance.

Ensure all documentation is correct and valid. Any documentation submitted by the accused may be considered invalid.

Performance Review

Perform a performance review on the accused whether you feel the complaint is valid or not.

Gives you the opportunity to discuss workplace procedures and policies without giving credibility or denial of the accusation

Do this with at least one other witness (preferably of another race) to avoid bias.

Record the review

EEOC Training

Conduct an EEOC themed training so every employee and manager knows their rights and responsibilities.

Questions and Discussion

Works Cited

Author Unknown (2012). Retaliation Claims. Agencies Online. Retrieved from https://youtu.be/F4TDFeLRi34 on July 28,2016

Mencke, K. J. (2011). Top Ten Considerations Before Responding to an EEOC Charge. Association of Corporate Counsel. Retrieved from http://www.acc.com/legalresources/publications/topten/eeoc-charge.cfm on July 28, 2016

Snell, Scott A. (2013). Managing Human Resources, 16th Edition. [VitalSource Bookshelf Online]. Retrieved from https://digitalbookshelf.brownmackie.edu/#/books/9781285372532/ on July 28, 2016

Zebrowski, C. (2011). Responding to EEOC Investigations: How to Best Protect Your Organization. Adecco Group. Retrieved from https://youtu.be/roN2Tk-agNw on July 28, 2016