EEOC compliance does not have to compromise your company's rights

by on May 20, 2009 · 0 Comment POSTED IN: HR Info Center

EEOC Compliance means that you agree to reasonable requests

RFI and EEOC Compliance
A request for information is received as part of the EEOC investigation .It asks for names, addresses, telephone numbers and ages of your entire sales department, do you provide the information?

The first answer is no. However, provide some information. This is where you try to whittle it down and stay in EEOC compliance.

They’re asking about the entire sales department, but let’s say, the complainant was in internet sales. So, I would object that this was overboard and invaded these employees’ privacy. Try to stay in EEOC compliance by saying that you will give information on the employees in the internet sales department. Now, you can try and give the information of just the business address, but they may ask you for people’s home addresses as well.

Start by trying to narrow the scope. Hey, we’ll give you the five people in internet sales as opposed to the 25 people in the sales department and see how you go from there.

So, yes, provide information, but no, you don’t provide all of it, unless you get to the point where they are insisting, and then of course stay in EEOC compliance.

Corporate Records and EEOC compliance
An employee files a disability discrimination charge, saying she should have been given another position at the company. As part of the EEOC investigation, the state agency asked for six months worth of information regarding all vacancies within the company, do you provide the information at all? If so, how much?

The agency said, yes, we want six months of all your vacancies. The company replied that doesn’t seem realistic to us for feasible EEOC compliance. This individual’s not qualified for almost all of these jobs and it’s a tremendous boxes of information. It’s a large company. And what are you really looking for here.

In the end, they ended up by providing no information, but it would have realistic to provide vacancies within the same department or within this employee’s skill set or something like that.

So, you do provide some information if you need to, but again, this is where you’d want to work with the agency upfront to say, okay, what are you really looking for here?

EEOC investigation interviews and right to counsel
As part of its investigation, the EEOC wants to interview some of your employees. Who should or can be present during these interviews?

If it’s a supervisory level employee, you can have legal counsel present. If the employee is hourly and non-supervisory, then you are not automatically allowed to have counsel present. But again, if you ask, you may be allowed to have counsel in there. And same with a number of the HR staff, I would say, in this regard, they’re probably treated the same way as counsel.

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