What are the steps to an EEOC investigation?
The Stages of an EEOC Investigation
- Someone Files a Charge.
- The EEOC Notifies the Employer.
- The Employer Acknowledges the Charge.
- The EEOC Initiates the Investigation.
- The EEOC Makes a Determination.
What are some best practices that managers should follow when faced with an EEOC investigation?
The policy should include:
- A clear explanation of prohibited conduct, including examples;
- Clear assurance that employees who make complaints or provide information related to complaints will be protected against retaliation;
- A clearly described complaint process that provides multiple, accessible avenues of complaint;
What are the three essential elements of retaliation?
Per federal case law and regulatory agency guidance, there are three essential elements in a claim of retaliation:
- Protected activity.
- Adverse action.
- Causal connection.
What happens if you lose an EEOC case?
What happens if the EEOC does not find a violation? If no violation is found, the EEOC sends you and your company a notice closing the case called a “Dismissal and Notice of Rights.” You then have 90 days to file your own lawsuit.
Is intimidation a form of retaliation?
Retaliation is an action that harms another by engaging in conduct that threatens another for anything lawfully done in the capacity of a witness, victim, or party. Intimidation can be satisfied by a single threat, retaliation cannot.
What is the EEOC investigation process?
The EEOC investigator will evaluate the information submitted and make a recommendation as to whether there is reasonable cause to believe that unlawful discrimination has taken place. The organization may be asked to: submit a statement of position. This is the organization’s opportunity to tell its side of the story.
Can an EEOC investigator conduct an interview without the Employer’s consent?
provide contact information for or have employees available for witness interviews. A representative of the organization may be present during interviews with management personnel, but the EEOC investigator is allowed to conduct interviews of non-management level employees without the presence or permission of the organization.
How does the EEOC determine the merits of a charge?
inform the organization of the outcome of the investigation. Once the investigator has completed the investigation, EEOC will make a determination on the merits of the charge.
How do you resolve EEOC charges?
In many cases, the organization may choose to resolve a charge through mediation or settlement. At the start of an investigation, EEOC will advise both the organization and the charging party if the charge is eligible for mediation, but feel free to ask the investigator about the settlement option.