Eeoc Enforcement Process
The EEOC Enforcement Process: What Every Manager Should Know
More than half a century ago, the Equal Employment Opportunity Commission was created and continues to play an “irreplaceable role in the battle to eradicate employment discrimination. (Occhialino & Vail, 2005)” All managers within an organization must understand the EEOC enforcement process and should be able to initiate an investigation of the claim and respond to the EEOC promptly with the findings. Occhialino and Vail, 2005, found that “the EEOC carries out its enforcement responsibilities in a myriad of ways. The most important EEOC functions are described below”
1. Charge filing and investigation
“The administrative process in a Title VII action begins when the EEOC receives a charge of discrimination alleging that an individual or class was discriminated against because of race, national origin, color, religion, or sex (or in retaliation for engaging in protected activity) (Occhialino and …show more content…
Vail. 2005).” The EEOC typically accepts the charge and then refers it to a state or local agency. If this entity is unable to reach a resolution, the EEOC will notify the employer of the charge and begin its investigation. Once notified, employers should begin their own internal investigation of the claim, gathering statements and information critical to proving the practice in question is lawful. If the EEOC does not find “reasonable cause, the EEOC must dismiss the charge, and must issue the charging party notice of right to sue. The person then has 90 days to file a suit on his or her own behalf.” (Dessler, 2013)
2. Charge resolution and conciliation
If, on the other hand, the EEOC does find reasonable cause to believe that an unlawful employment practice under Title VII has occurred (Occhialino and Vail, 2005)”, it will issue a letter of determination to both parties and will offer conciliation. “The EEOC conciliator meets with the employee to determine what remedy would be satisfactory. It then tries to negotiate a settlement with the employer. If this conciliation is not satisfactory, the EEOC may bring a civil suit in a federal district court, or issue a Notice of Right to Sue to the person who filed the charge.” (Dessler, 2013)
3. Mediation
About 10% of EEOC charges are referred to voluntary mediation.
Voluntary mediation is “an informal process in which a neutral third party assists the opposing parties to reach a voluntary negotiated resolution of a charge of discrimination.” (Dessler, 2013) The employer then has 3 options. They can agree to mediate, settle without mediation, or decline mediation and prepare a position statement in response to the claim. This statement should include a vigorous defense, all relevant company information including practices and policies, as well as “the chronology of the offense that led to the adverse action.” (Dessler, 2013) Conversely many organizations prefer to avoid EEOC litigation all together and require applicants and employees to agree to arbitrate such disputes with the help of a third-party. Employers may require applicants and employees to agree to arbitration during the interview or hiring process. Like voluntary mediation, arbitration is appealing to employers as litigation is expensive and
risky. Employment discrimination will always thrive in the workplace. The EEOC is the only federal agency of its kind and is solely responsible for investigating these claims.
Accordingly, the Commission performs a critical public service by keeping track of the number of charges filed each year and by categorizing and analyzing them. This provides important information about the nature of discriminatory practices that persist - or are believed to persist - in the workplace.” (Occhialino & Vail, 2005)
Dessler (2013) found that odds are no suit will be filed by the EEOC. Managers should keep two very important things in mind. (1) The courts may hold you personally liable for your actions. Supervisors who commit “management malpractice” may be personally liable for paying some of the awarded judgement. (2) Retaliation is illegal. Managers should never fire, demote, or otherwise punish an employee from filing a claim or participating in an investigation.
More than half a century ago, the Equal Employment Opportunity Commission was created and continues to play an “irreplaceable role in the battle to eradicate employment discrimination. (Occhialino & Vail, 2005)” All managers within an organization must understand the EEOC enforcement process and should be able to initiate an investigation of the claim and respond to the EEOC promptly with the findings. Occhialino and Vail, 2005, found that “the EEOC carries out its enforcement responsibilities in a myriad of ways. The most important EEOC functions are described below”
1. Charge filing and investigation
“The administrative process in a Title VII action begins when the EEOC receives a charge of discrimination alleging that an individual or class was discriminated against because of race, national origin, color, religion, or sex (or in retaliation for engaging in protected activity) (Occhialino and …show more content…
Vail. 2005).” The EEOC typically accepts the charge and then refers it to a state or local agency. If this entity is unable to reach a resolution, the EEOC will notify the employer of the charge and begin its investigation. Once notified, employers should begin their own internal investigation of the claim, gathering statements and information critical to proving the practice in question is lawful. If the EEOC does not find “reasonable cause, the EEOC must dismiss the charge, and must issue the charging party notice of right to sue. The person then has 90 days to file a suit on his or her own behalf.” (Dessler, 2013)
2. Charge resolution and conciliation
If, on the other hand, the EEOC does find reasonable cause to believe that an unlawful employment practice under Title VII has occurred (Occhialino and Vail, 2005)”, it will issue a letter of determination to both parties and will offer conciliation. “The EEOC conciliator meets with the employee to determine what remedy would be satisfactory. It then tries to negotiate a settlement with the employer. If this conciliation is not satisfactory, the EEOC may bring a civil suit in a federal district court, or issue a Notice of Right to Sue to the person who filed the charge.” (Dessler, 2013)
3. Mediation
About 10% of EEOC charges are referred to voluntary mediation.
Voluntary mediation is “an informal process in which a neutral third party assists the opposing parties to reach a voluntary negotiated resolution of a charge of discrimination.” (Dessler, 2013) The employer then has 3 options. They can agree to mediate, settle without mediation, or decline mediation and prepare a position statement in response to the claim. This statement should include a vigorous defense, all relevant company information including practices and policies, as well as “the chronology of the offense that led to the adverse action.” (Dessler, 2013) Conversely many organizations prefer to avoid EEOC litigation all together and require applicants and employees to agree to arbitrate such disputes with the help of a third-party. Employers may require applicants and employees to agree to arbitration during the interview or hiring process. Like voluntary mediation, arbitration is appealing to employers as litigation is expensive and
risky. Employment discrimination will always thrive in the workplace. The EEOC is the only federal agency of its kind and is solely responsible for investigating these claims.
Accordingly, the Commission performs a critical public service by keeping track of the number of charges filed each year and by categorizing and analyzing them. This provides important information about the nature of discriminatory practices that persist - or are believed to persist - in the workplace.” (Occhialino & Vail, 2005)
Dessler (2013) found that odds are no suit will be filed by the EEOC. Managers should keep two very important things in mind. (1) The courts may hold you personally liable for your actions. Supervisors who commit “management malpractice” may be personally liable for paying some of the awarded judgement. (2) Retaliation is illegal. Managers should never fire, demote, or otherwise punish an employee from filing a claim or participating in an investigation.