Liability Protection Best Practices

©SHRM 2008 Equal Employment Opportunity Commission – EEOC Created by Title VII of the 1964 Civil Right Act. Charged with enforcement and administration of discrimination law. Complaints must be filed with EEOC within 180 days of the incident.

©SHRM 2008 EEOC Investigation Process Charge is filed with the EEOC. EEOC asks for a no-fault settlement from the employer. If no settlement, the investigation is conducted by the EEOC. EEOC issues a statement of “probable cause” or “no probable cause”. Attempt at conciliation with employer. Recommendation for or against litigation.

©SHRM 2008 How Do They Decide What to Litigate? In determining litigation, the EEOC considers: > The number of people affected by the alleged practice. > The amount of money involved. > Possible other charges against the same employer. > The type of charge involved.

©SHRM 2008 Sorry, No Litigation by the EEOC EEOC sends a “right to sue” notice to the charging party. The claimant can file a civil suit without action by the EEOC. Most cases are settled outside of litigation through alternative dispute resolution.

©SHRM 2008 Minimizing Liability ORGANIZATIONS MUST BE PROACTIVE. > Prevent discrimination. > Create an affirmative defense.

©SHRM 2008 What Can HR Do? Must have an anti-discrimination and sexual harassment policy. > Policy must define harassment. > Statement of no tolerance. > Communicate and train employees on the policy.

©SHRM 2008 What Can HR Do? Establish a reporting procedure. > Create more than one “route” for reporting: HR department, supervisor, other management personnel. > Have both genders represented in your reporting route

©SHRM 2008 What Can HR Do? Train employees in discrimination and sexual harassment. > Once per year, disseminate policy and conduct training. > Train supervisors and managers separate from employees. Managers must know how to deal with complaints. Managers must understand their responsibility.

©SHRM 2008 What Can HR Do? Monitor your workplace. HR must know what is going on! Keep lines of communication open. Conduct prompt, careful and impartial investigations. Take swift and appropriate corrective action when necessary.

©SHRM 2008 What Can HR Do? Employee handbook: > Make sure the handbook is approved by legal counsel. > Include an employment-at-will clause. > Have the handbook acknowledged by employee signature. > Revise regularly and keep the handbook up-to-date.

©SHRM 2008 What Can HR Do? Create a culture of ethics in your organization: > Get buy-in from upper management. > Establish an ethics policy. > Train employees in ethical decision-making. > Provide a “safe place” for employees to report unethical behavior. > Enforce sanctions against unethical behavior.