(877) 641-0012

A Single Portal of Services to Increase Productivity & Profitability

Human Resource Advice: What To Do If You Receive An EEOC Complaint

So your Titusville business has just received an Equal Employment Opportunity Commission (EEOC) complaint. Complaints of harassment or discrimination are commonplace to most large businesses, but an official complaint can be a scary experience.

Join us today, as we break down three steps to take in response to an EEOC complaint. With the right precautions in place, you’ll be able to cover yourself fully and avoid a nasty potential fallout.

Pay Close Attention To The EEOC’s Rules

An employee filing charges against your company with the EEOC can throw your day off, completely, if you let it. It is important, however, to keep a level head. 

Firstly, a complaint against your company doesn’t mean that you’ve been found guilty or that you will, in the future, be found guilty of discrimination. All it means is that a complaint has been lodged and that there are steps that need to be taken, moving forward.

You’ll be notified, firstly, of all the basic information regarding the complaint. This correspondence will also include instructions for how you can respond to the charge. At this point, you may be able to resolve the charge with mediation or a settlement, without moving on to any actual proceedings. 

Choose not to go with early mediation, and the EEOC will need some specific information from you. You’ll need to outline why your company took whatever labor action you are being looked into over. Specifically, you’ll need to provide a legitimate business rationale for these actions to help justify them to the EEOC.

This typically includes some of the following:

  • A statement of position, wherein you’ll explain what happened from your perspective.
  • A request for information or RFI. For this, you’ll want to incorporate copies of your specific business policies, the employee’s personnel files, and as much other information as you can specific to the case.
  • An appointment for a site visit to inspect your workplace for signs of ongoing or previous violations.
  • Witness employee information in order to conduct interviews.

At this point, your business will want to present any information you believe might go toward proving the accusations incorrect or, at least, not in violation of any workplace law.

Equal Employment Opportunity Policies and Training

Of course, hindsight is 2020, but it’s important to note that the best protection against repercussions from a case like this is a solid established EEO policy. Employers must have updated policies that include procedures in case of discrimination complaints.

To take it a step further: training managers and employees to maintain a discrimination-free workplace does a lot to prevent EEO complaints. In the event of a complaint, being able to demonstrate that your company has established an active commitment to anti-harassment and discrimination work.

As they say: “An ounce of prevention is worth a pound of cure”.

Maintaining Records

Good housekeeping is key to proving your case in the event of a complaint. It’s also standard operation recommended by the EEOC, which requires all employers to keep personnel and employment records for a year at a time. 

Your Titusville business is subject to the federal record-keeping requirements as everyone else, including the following:

  • Keep personnel records of employees who have been involuntarily terminated for one year from the date of their termination.
  • Keep full payroll records going back three years at a time.
  • Maintain records of employee benefits plans going back the full length of the plans themselves.
  • Salary records, evaluations, and any bargaining agreements to explain varied salaries.

These are standard requirements applicable to any and all employers under federal anti-discrimination laws, regardless of any outstanding charges.

Handling Your EEOC Complaint The Right Way

When it comes to an EEOC complaint, there’s never a good time or place. But, if you’ve kept up your records, maintained your equal opportunity policies, and kept up with the EEOC’s rules and regulations, you can come out on top.

Looking for more great insights into the HR process? Interested in professional human resource, time and attendance, and payroll services? Visit Vision HR, today, to find out more.