Yesterday, we looked at 3 common EEO investigation errors, courtesy of attorney Jonathan Segal. Today, the final 3 on his list — plus an introduction to an important webinar later this week, specifically for California employers, on the rapidly approaching EEO-1 filing deadline.
Segal, a sought-after speaker on HR legal topics, is a partner with Duane Morris, LLP. He recently spoke with our parent company, Business & Legal Resources, about the mistakes employers most commonly make in investigating discrimination or harassment complaints:
Mistake #4: HR assumes that the government’s investigation will be sufficient. Managers are tempted to say, “The EEOC will investigate, so we don’t have to.” No, you do have to do your own investigation, says Segal. If you don’t investigate, it may appear that you don’t care. Furthermore, in doing a probe, you’re making sure that your side of the story is clearly documented.
EEO-1 deadline Sept. 30 — are you prepared?
Mistake #5: Managers ignore apparent patterns. Sometimes there is no complaint, but it becomes clear that there is a problem. For example, if many people are fleeing from one department, follow up, says Segal. Don’t leave a problem out there to get worse and develop into a lawsuit.
Mistake #6: Managers investigate when they should withdraw. There are a few situations in which you, as the HR manager, must not conduct the investigation yourself, says Segal. The most common are the following:
- When you have a personal relationship with either party.
- If you will be a witness in any proceedings that might result.
- If you don’t think you can be objective.
- If “everyone knows” you hate the person being investigated.
- If you have to investigate the boss or the COO; you may want to outsource this investigation, says Segal.
EEO-1 Reports: How to Ensure a Complete, Correct Filing in Time for the Sept. 30 Deadline
In 2008, the U.S. Equal Employment Opportunity Commission (EEOC) approved new forms and requirements for the EEO-1 employer report — required if:
- You have at least 100 employees, or
- You’re a federal contractor with at least 50 workers.
Three years later, those changes haven’t made the EEO-1 any easier to handle — and many California employers are still (understandably) uncertain about how to comply with their EEO-1 obligations.
What’s worse, you only have until September 30 to gather data on your workers and prepare your EEO-1 report.
If you’ve got unanswered questions (and we bet you have at least a few) join us on August 4 — this Thursday! – for a 90-minute webinar that explains everything you need to know.
Our expert will cover, in plain English, the current requirements for collecting EEO-1 data, categorizing your workers, and submitting your report to the EEOC — without violating discrimination laws or exposing your organization to new legal risks in the process. You’ll learn:
- The basic steps required to comply with EEO-1 data gathering and reporting requirements before the September 30 deadline
- Which methods of collecting data from your workers are both legally compliant in California and affordable
- How to classify your managers and supervisors between the two distinct levels that are now required
- The big, confusing changes made in the categorization of employees, from the new “Two or more races” category to the split in the former “Asian or Pacific Islander” category
- How to ensure that you comply with EEO-1 confidentiality rules when you resurvey your workers
- Why your employee resurveys and your final EEO-1 report could expose you to possible fines or lawsuits — and how you can avoid these risks
- The additional compliance steps you must consider if you are a federal contractor
Can’t make it on Thursday? Order the CD and learn at your leisure.
Download your free copy of How to Survive an Employee Lawsuit: 10 Tips for Success today!