Employee Information and EEOC compliance

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

Your goal is to narrow down necessary information and stay in EEOC compliance

EEOC compliance means reasonable responses to information requests

An employee files a disability discrimination charge, saying that she should have been given another position at the company, as part of its information gathering, the state agency asks for six months worth of information regarding all vacancies within the company. Do you provide the information at all? If so, how much is suitable for EEOC compliance?

This is the situation. A woman said, “I should have gotten another position at the company, but she didn’t specify what position”. The agency said, “We want six months worth of information about all the vacancies in your company”. This seems extremely burdensome because it’s a large company, that’s a lot of vacancies. It’s unrealistic because she’s not saying that she was qualified for these positions or that she had applied for them, etcetera.

You wouldn’t want to provide all that information. In this situation, contact the investigator and talk through this situation. You should be able to narrow it down to where we actually didn’t really need to provide any of the information that because that’s not what they were truly looking for.
You’d want to narrow it to jobs that this person felt she could actually do. You wouldn’t want to just say, okay, let’s start throwing together all the information about all the vacancies. That’s a lot of work and you might not need to do it. Narrowing down the info makes work easier and keeps you in EEOC compliance

Investigation interviews and EEOC compliance
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 just rank and file staff members, really, the EEOC has the option to interview them with nobody present, although if you ask, they’ll sometimes let you be present. And if it’s a manager or supervisor, you can have counsel present. You can be present, etcetera. So, you want to use that to the extent appropriate.

These are the edited remarks from the Rapid Learning Institute webinar “EEOC Charges: How to Prepare an Airtight Response and Avoid Costly Payouts” by Alyssa Senzel, Esq. on Feb. 14, 2007

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