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Although the COVID-19 pandemic has dominated our attention in 2020, employers must remain vigilant about maintaining an inclusive, diverse workplace free of harassment or discrimination. Recent statistics from the Equal Employment Opportunity Commission (EEOC) indicate concerns in these areas and highlight the need for businesses to step up their efforts to avoid an EEOC investigation.
The EEOC handled more than 72,000 charges of workplace discrimination in 2019, as well as 7,514 sexual harassment allegations resulting in over $68 million in settlements. And in 2020, despite the challenges with the pandemic, the agency continues to enforce the nation’s employment non-discrimination laws in accordance with public health guidelines. To be clear: The EEOC is still accepting new charges, as well as investigating existing ones.
As in years past, it’s critical to review your compliance practices and strengthen any areas that could get your business in legal trouble.
Do you know what triggers an EEOC investigation at your workplace — and how to respond?
The charge process typically begins when an employee (or former employee) files a harassment or discrimination complaint with the local EEOC office. The EEOC will notify the business within 10 days of receiving the charge and send a copy of the formal “charge of discrimination.”
This notification identifies the complainant, the type of alleged discrimination (e.g., race, religion, sex, etc.), the alleged discriminatory act (e.g., unequal wages, harassment, termination, retaliation, etc.), and the date of the last act of alleged discrimination.
If you participate in the optional mediation program, and a mutually agreeable settlement is reached, the charge may be dismissed. However, if this mediation is unsuccessful, the EEOC will ask you to submit a “position statement” regarding the allegations. In addition, and in typical, non-COVID times, the EEOC may conduct an on-site visit to:
After the investigator has gathered enough evidence to make a determination, he or she will close the investigation and issue a written report of the findings.
Steps to Protect Your Business from an EEOC Investigation
Ideally, your workplace policies and practices support a respectful, discrimination-free workplace — and you’ll never encounter a situation that warrants an EEOC investigation. However, to fully protect your business, you should:
Disseminate this essential message through your employee handbook, postings, job applications and other employee-facing communications. Make sure all employees receive a copy of your anti-discrimination policy, and have them sign an acknowledgment form indicating they’ve received and reviewed the policy.
Clear, anti-discrimination practices are especially important among managers when hiring, promoting or disciplining employees.
Regardless of the challenges presented with the COVID-19 pandemic, every business needs to prioritize their harassment and discrimination prevention practices. For additional resources and solutions to support these efforts, visit this page.
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