EEOC & Employers: Strategies for Effectively Investigating Harassment

Addressing Rising Workplace Discrimination: EEOC Guidelines for Employers

With workplace discrimination on the rise, the EEOC emphasizes the importance of employers providing anti-harassment training to employees and managers. Additionally, employers must promptly address and resolve complaints related to harassment and discrimination.

Employees are encouraged to report any incidents of harassment to management. If a complaint is filed against a colleague or the employer, conducting a thorough investigation is essential. Courts have ruled that failing to investigate such claims can be considered discriminatory behavior.

Employers must take immediate action to stop inappropriate conduct and establish a clear, effective process for handling complaints. This process should encourage employees to voice concerns early, preventing issues from escalating.

Key Questions to Consider:

• What steps should employees follow when filing discrimination charges with the EEOC or state/local agencies?
• What can employers expect after a charge is filed?
• What does a fair and unbiased investigation entail, and how is an investigator chosen?
• How do EEOC complaints impact employers, and what are the consequences of penalties?
• What actions should employers avoid during an active investigation?
• How can employers reduce legal risks during investigations?
• What are the stages of an inquiry, and what are the repercussions of non-compliance?
  

Why Attend?
Employers and organizations have both legal and ethical obligations to foster diverse, inclusive workplaces and comply with equal employment opportunity laws. Despite progress made through legislation like the Civil Rights Act of 1964, workplace discrimination and harassment remain significant issues.

HR professionals play a critical role in creating welcoming environments and ensuring compliance. Discriminatory policies, whether intentional or unintentional, are illegal and must be addressed. Employers must act swiftly to investigate claims of harassment or discrimination, aligning with EEOC recommendations.

Prompt and thorough investigations not only yield the best evidence but also enhance the credibility of both the employer and the investigator. These investigations help identify and resolve internal issues before they escalate.

Since every complaint has the potential to lead to litigation, employers must handle investigations in a manner that would hold up in court. Investigations should be timely, comprehensive, and effective to protect all parties involved.

Areas Covered:

• Roles and responsibilities of the EEOC
• Federal laws mandating equal treatment of employees
• Title VII of the Civil Rights Act of 1964: Protected classes and recent amendments
• Strategies to avoid EEOC investigations
• Best practices for preventing sexual harassment claims
• Understanding disparate treatment vs. disparate impact
• Types of harassment and relevant case law
• Quid pro quo harassment and hostile work environments
• Retaliation and discrimination charges
• Process for filing EEOC charges
• Common reasons employees hesitate to file claims
• EEOC determinations and the conciliation process
• Establishing affirmative action programs
• EEOC’s authority in adjudicating harassment and discrimination claims
• The impact of EEOC complaints and litigation costs
  

Learning Objectives:

• Understanding formal complaints and the investigative process
• Creating a detailed investigation plan
• Ensuring confidentiality throughout the process
• Providing interim protection for complainants
• Leveraging internal and external investigators
• Developing interview questions and conducting effective interviews
• Making informed determinations
• Closing investigations appropriately
• Preparing a written summary of investigation findings
  

Who Will Benefit?

• Senior Leadership
• Employees
• Managers and Supervisors
• Project Team Leaders
• Human Resources Professionals
• Recruiting Professionals
• Operations Professionals