4 great ways to avoid an EEOC charge

by on May 18, 2009 · 0 Comment POSTED IN: HR Info Center

Stop an EEOC charge with training and process management

  1. Have a strong internal dispute resolution process.
  2. Make sure that everybody knows about it, use it and really make it part of your company policies and procedures.

  3. Train your managers and employees on how they should be treating one another
  4. They should know how to treat employees so they don’t file an EEOC charge. They should understand what the laws require of them, what the laws require of the company and that they shouldn’t say, okay, I’ll keep this secret if you tell me to.

  5. Train your HR department on how to respond effetely to an EEOC charge. Ask questions like would it make a difference if the EEOC charge is from a state agency, not the federal EEOC?
  6. The answer is yes-on both counts, you respond-because even though your company is too small and it’s not covered by the jurisdiction of title 7, the ADA or the ADEA, you don’t want to just ignore the charge. You want to tell the EEOC, hey, we’re too small, so please dismiss the charge.

    And yes, it would make a different if the charge is from the state agency, because the charge could be raising a claim under state law. State laws have different coverage threshold than the federal law. They might be much lower. The might be four employees. They might be five. They might be one. So, you’d want to check to see what the state threshold is.

  7. If your company receives an EEOC charge regarding an applicant, claiming that he was discriminated against, namely not hired, based on his religion. You have no record of interviewing this applicant, how do you respond?
  8. Make sure you have no record. You go back. You talk to recruiting. You talk to the managers for the department that this guy says he interviewed with.

    If you really think that he just didn’t interview here, then again you write to the EEOC, this is before you would do a position statement or anything like that and say, hey, this guy never applied for a job with us. We have no record of him. There’s nothing we can say here. And, typically, the EEOC will dismiss that kind of claim unless the complainant provides more information to explain, maybe they used a different name, something like that.

    Never leave an EEOC charge leave unanswered, if you think you’re in the clear. You definitely want to follow up.

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