June/July 2010 / Human Resources
Responding to a More Active EEOC
With increased funding, newly enacted legislation and new initiatives, the Equal Employment Opportunity Commission is more active than ever. To take one example, the Detroit office hired five new investigators, according to information provided by EEOC officials. They note that Michigan’s economic climate had resulted in a significant increase in claims, and that there were 1600 cases pending. New laws, including the Genetic Information Non-Discrimination Act of 2008 and the Lilly Ledbetter Fair Pay Act of 2009, mean new avenues for discrimination complaints.
The EEOC is required to investigate all complaints. A notice from the EEOC means only that it has received a complaint and now must investigate to see if there is reasonable cause to believe discrimination actually occurred. The biggest danger for the company, according to the authors, is that the investigation will uncover a systemic problem. The company needs to convince the EEOC there were justifiable non-discriminatory reasons for the action that precipitated the claim. The key to being able to do that is having documentation. Providing background information about the business and how the action in question relates to business needs also can be helpful.
EEOC investigations typically include review of application forms, employee handbooks and related materials. These should be formulated with that in mind, and kept up to date.
