EEOC Charges Can Be Avoided Through Effective HR Policies

The strongest message presented at AMA’s latest Current Issues Briefing, “What Every Manager Needs to Know About EEOC Charges,” was that prevention and manager education are the areas employers should concentrate on when dealing with employee discrimination issues. The most effective way for employers to avoid becoming involved in EEOC charges is to make sure they have appropriate anti-discriminatory policies in place and that all employees thoroughly understand those policies.

According to Electra Yourke, Enforcement Supervisor for the Equal Employment Opportunity Commission’s (EEOC) New York District Office, “All EEOC policy suggestions are really just good HR policy. For example, one key way employers can head off discrimination charges is to conduct regular performance evaluations and to keep them in an employee’s record. That should just be standard policy for all employers.”

Ms. Yourke addressed her remarks to a large, engaged audience of executives, Human Resources directors and managers at AMA’s Executive Conference Center in New York on April 17. Attendees included representatives from Phillips Van Heusen, the United Nations, Shearman & Sterling, Black Enterprise Magazine, FDIC and others.

Yourke explained that the EEOC receives approximately 80,000 private sector charges annually. Of these, 36% are related to race, 32% to sex discrimination (including sexual harassement), 20% to age, 20% to disability and 3% to religion (there is overlap among categories). All charges are classified in one of three basic categories for purposes of investigation and resource allocation. “Category A” charges are given priority investigative and settlement efforts due to the early recognition that discrimination has likely occurred; “Category B” charges require further investigation to determine if a violation has occurred, and “Category C” charges include non-jurisdictional and unsupported charges that are closed immediately. Settlements are encouraged at all stages of the process.

The EEOC is headquartered in Washington, D.C., and maintains 50 field offices nationwide. Any individual who believes he or she has been discriminated against in employment may file an administrative charge with the EEOC. If the Commission determines there is reasonable cause to believe discrimination has occurred, it attempts to conciliate the charge by reaching a voluntary resolution between the charging party and the respondent. If conciliation is not successful, the Commission may bring suit in federal court. The EEOC may also issue a Right-to-Sue-Notice to the charging party, allowing that party to file an individual action in court without the Agency's involvement.

The EEOC was established by Title VII of the Civil Rights Act of 1964 to enforce the following federal statutes:

• Title VII of the Civil Rights Act of 1964, prohibiting employment discrimination on the basis of race, color, religion, sex or national origin
• The Age Discrimination in Employment Act (ADEA) of 1967, prohibiting employment discrimination against individuals 40 years of age and older
• The Equal Pay Act (EPA) of 1963 prohibiting compensation discrimination for substantially similar work under similar conditions on the basis of gender
• Title I and Title V of the Americans with Disabilities Act (ADA) of 1990, prohibiting employment discrimination on the basis of disability in the private sector and state and local governments
• Section 501 and 505 of the Rehabilitation Act of 1973, as amended, prohibiting employment discrimination against federal employees with disabilities
• The Civil Rights Act of 1991 providing monetary damages in cases of intentional discrimination and clarifying provisions regarding disparate impact actions

Ms. Yourke explained that while many large companies retain an in-house EEO person to deal with the many complex issues surrounding EEOC guidelines, many smaller businesses lack the necessary resources or personnel to ensure the business is in compliance. The EEOC has launched an outreach program to help these smaller businesses, dedicating a special section of its Website (www.eeoc.gov) to helping small businesses comply with anti-discrimination laws and to ease their dealings with the Commission.

Further information about the Commission is available on the agency's Website at www.eeoc.gov. To be automatically connected with your nearest EEOC field office, call 1-800-669-4000.

Click here to read summaries of AMA’s other Current Issues Briefings.