EEOC investigations can focused on many areas.

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

Your goal is to keep the onsite EEOC investigations centered on the real issues

Triggering events
EEOC investigations may start if interim relief is necessary, if the time is about to expire for the person bringing the charge, the nature or scope of the evidence may be such that they have to come in to see how the workplace is set up, if there is an ADA reasonable accommodation issue to see whose desk is next to which other desks.

If the EEOC had negative experiences or failure to meet with EEOC compliance in the past, EEOC investigations may start because they don’t trust that the company will do things properly.

Preservation of evidence is a major reason for investigations onsite. Depending on the nature of the allegation, it might be more appropriate for onsite investigations to commence. Onsite EEOC investigations do not happen that often, but you do want to be prepared if it is requested.

Avoid onsite EEOC investigations
One way to avoid onsite EEOC investigations is for an employer to include copies of relevant documents with their position statement to do clear, thorough position statements, to be open and forthcoming with information.

If the investigator indicates that he or she wants to interview certain employees, you as a company should offer to make those employees available at council’s office or volunteer to come to the EEOC’s office. This will reduce the chance that the investigators going to talk to other employees who have not been identified but who may have some other general complaints that could lead to additional charges.

Interviews and EEOC investigations
If the witnesses with whom they want to speak with during the EEOC investigations are supervisory or management level personnel, then the company does have the right to have counsel present during the interview with the EEOC. If they are not, if they’re just regular rank and file employees, you don’t have the right to have counsel present but you can always ask, sometimes the EEOC will permit it.

Onsite EEOC investigation prep
The Equal Employment Opportunity Commission is coming in to do onsite EEOC investigations, prior to that visit, you should ask for the EEOC to itemize the documents that it wants to review when it comes onsite, and identify which witnesses it would like to speak with.

Get document requests in writing. This is going to allow the company an opportunity to prepare the necessary information and to meet with the witnesses to explain the process, to explain, you know what they are going to be doing.

If you do have people coming to inspect your work site, make sure that all your required EEO, state, federal, Department of Labor and other postings are properly displayed and updated prior to the onsite visit.

The general goal when you’ve got an onsite investigation is to prevent the EEOC investigator from coming in and conducting a fishing expedition. We want to keep it narrowly tailored to what the issues really are.

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