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…
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
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…
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