Handling an Employee EEOC Claim

Formed in 1965, The Equal Employment Opportunity Commission (EEOC) administers and enforces federal laws against workplace discrimination. Job applicants and employees may not be discriminated against based on color, religion, race, sex, national origin, age (over 40), disability, or genetic information.  So what happens when an employee files an EEOC claim against your company?  The EEOC will investigate the claim for reasonable cause.  There are several steps your company can take to make sure you handle the EEOC claim both professionally and effectively.

  • Keep It Confidential– Share information on the EEOC claim with only those individuals who are on a need-to-know basis. This will help prevent rumors spreading as well as keep other employees from being affected negatively. 
  • Do Not Retaliate– It is of the utmost importance that you treat the employee lodging the complaint even-handedly without anger or spite. It is uncomfortable for those involved, but responding negatively by job reassignment, a pay cut, or demotion will only add fuel to the fire.
  • Submit a Position Statement– This is your company’s chance to write a strong statement providing your take on the situation backed up by evidence and policies. Make sure the document is well-written and carefully thought out.  
  • Consider Attorney Services– It may be beneficial to hire an employment law attorney. An attorney can help perform a thorough internal investigation while helping guide you through the process.  
  • Prepare to Submit Personnel Info– The EEOC can and most likely will submit a Request for Information (RFI) of personnel files for all involved individuals, policies, and other important information. Be sure to provide the information in a timely manner.

CPEHR has handled hundreds of these and can help you! Let the professionals at CPEhr handle the tough issues that affect your business today. Contact us today to find an HR solution that works for you.