Segal is a partner at Duane Morris LLP. He recently listed the mistakes employers most commonly make in investigating discrimination or harassment complaints in a BLR publication, the HR Manager’s Legal Reporter (BLR is CER’s parent company).
[For mistakes #1-3, click here.]
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 still 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.
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.
The EEO-1 reporting deadline is coming up fast—are you ready? Don’t miss our EEO-1 webinar tomorrow, and get all your questions answered. Claim your spot here.
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 Reporting Deadline: HR’s Step-by-Step Guide to Ensuring Compliance
Live webinar today!
August 8, 2013
10:30 a.m. to Noon Pacific
The EEOC’s sweeping changes to the structure and procedures behind the EEO-1 employer report—the federally mandated annual form designed to help the EEOC uncover patterns of discriminatory conduct—still have many employers and HR professionals concerned. And with good reason! They were the first major changes made in the EEO-1 process since its debut 43 years ago.
EEO-1 forms can be confusing to fill out, and the penalties for incorrect reporting opens the door to legal liabilities and discrimination claims. With the upcoming filing deadline of September 30 fast approaching, understanding the gathering and reporting requirements is key to staying in compliance.
Participate in this interactive webinar, and you’ll learn:
- How to interpret your EEO-1 report
- How the EEOC and the OFCCP use the information employers provide to identify patterns of workplace discrimination and take a closer look at your company in audit
- How to tell if your organization must file an EEO-1 report
- The time period for reporting employment data
- Distinctions between employment and applicant data
- The different requirements for single- vs. multi-establishment employers, including how to establish reporting requirements, consolidated reports, and reports for headquarters
- Reporting requirements that every employer with 50 or fewer employees should know about
- Online filing options
- Best practices for first-time reporters to follow
In just 90 minutes, you’ll understand the best practices for gathering and reporting so you can meet the required EEO-1 deadline and stay in compliance.
Don’t miss it—sign up now! Can’t make it to the live event? Order the CD and learn on your schedule.
Download your copy of How To Survive an Employee Lawsuit: 10 Tips for Success today!