EEOC is rattling its unconscious/systemic discrimination saber—and if they target you for an investigation, it’s going to be expensive and annoying, whether you are innocent or guilty. Here are 8 steps you can take to forestall the attack.
What are the best practices for keeping the EEOC at bay in a time they’re begun to actively target more companies for so-called unconscious, or systemic, discrimination, as described in yesterday’s Advisor?
Here are some suggestions from Catherine Padalino, vice president and employment practices liability insurance manager at insurance giant Chubb:
1. Publish and regularly disseminate your policies prohibiting discrimination, harassment, and retaliation.
2. Establish a written grievance resolution process. If they sense discrimination, you want your employees to complain to you, not EEOC.
3. Involve union leaders, as complaints often come to them first.
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4. Check to be sure that your recruitment activities align with EEOC expectations. Keep records to show that job opportunities were widely disseminated. (One form of systemic discrimination is recruiting from only a few sources.)
5. Train managers and supervisors on their obligations, and train all employees on policies and obligations to report discrimination.
6. Analyze your general HR practices and procedures for any signs of adverse impact, whatever motivated it. Have good reasons for your employment decisions.
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7. Take extra care in planning and carrying out a reduction in force.
And to Padalino’s list, we’ll add a number 8—get going on your affirmative action plan (AAP) so that your EEO-1 report won’t be a magnet for EEOC attention—or a smoking gun after lawsuits are filed.
Making the AAP Easier to Do
Of course, if you’re a federal contractor, or a subcontractor to one, you must do such a plan. And if you have another kind of business, you know that having a well-done AAP will likely pacify EEOC before they can start getting up a head of steam about your situation.
The downside: Anyone who’s done an AAP knows that filling out your annual IRS Form 1040 is a walk in the park by comparison.
The company’s Equal Employment Opportunity Coordinator (often the HR person) needs to access reams of census data to determine job market characteristics, conduct internal surveys, do calculations and assure that myriad policies and procedures are in place. No wonder so many make their best guess and then hope no one will review what they’ve done.
A Complete, Already Written Sample Plan
If you face these tasks, you might want to look at a BLR’s comprehensive guide, How to Write an Affirmative Action Plan. It’s very likely the most usable set of instructions you’ll ever find for creating an AAP … or making sure the one you have is up to snuff.
That usability comes from writing in plain English and formatting the book to fit the way you actually work. One example of that practical formatting: The editors have included a complete, filled-out sample AAP as a series of two-page spreads. One page is from the plan. The facing page is a commentary on the plan page. That makes it especially easy to understand what each part of the plan is looking for, and how to fill it in correctly.
This 96-page sample plan section, much of it prewritten material that’s ready to copy, modify, or even use as is, makes up the heart of the book. There’s also:
—Complete instructions and sample charts on how to do the required factor analysis
—Instructions on how to do an AA self-audit, and how to prepare for an OFCCP audit
—Summaries of federal and state discrimination and equal pay laws, as well as the full text of key federal regulations
—Prewritten sample letters, policies, and postings for your applicants, employees, and subcontractors, each one easily modified to include your specifics
If you have Affirmative Action Plan needs … either to write one, or check the one you’ve got, this just might be the resource you need.
What’s more, you can try it for 30 days at no cost or risk. We even pay return postage should you decide it’s not for you. Click on one of the links on this page and we’ll be happy to arrange it.