2. What is the EEOC?
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3. 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
5. 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?
6. 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?
9. Weaknesses
Retaliation complaint
If employee is allowed to stay on pending investigation, this could lead to
enforcement issues with the attendance policy.
10. 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.
11. 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.
12. 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”
13. 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.
15. What’s an HR Manager to do?
Recognize own bias first
16. 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.
17. 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
18. EEOC Training
Conduct an EEOC themed training so every employee and manager knows
their rights and responsibilities.
20. 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
