Tips for Employers for Dealing with the EEOC
Here are some tips in dealing with the EEOC to maximize the chance of resolving the case quickly and favorably.
- Use the Mediation Process. EEOC mediation is a free, confidential program run by neutral mediators that is 50% quicker than an EEOC investigation. Nearly 70% of cases referred to mediation are resolved during mediation, and 13% – 20% of mediated cases are resolved without employers having to pay any money. Employers report a high satisfaction rate with the program. Some employers sign agreements with the EEOC to send all eligible cases to mediation. An attorney for John Hopkins testified on the benefits of sending all eligible cases to mediation. To read this testimony, please go to the following website: http://www.eeoc.gov/eeoc/meetings/archive/12-2-03/transcript.html.
- Write Position Statements Containing Supporting Information. A good position statement may lead to the EEOC close a case immediately without further action required on the part of the employer. For example, if an employer supplies the EEOC with an employee’s long history of poor performance evaluations that formed the basis of the employee’s termination, the EEOC may not need to obtain any further information from you and may simply close the case.
- Take Administrative Subpoenas Seriously. To the extent possible, comply with subpoenas. If you do not respond at all to the subpoena, you run the risk of an EEOC attorney being assigned to the case who may expand the scope of the investigation. Failing to respond to a subpoena could result in the EEOC filing an enforcement action in Federal court to obtain the information.
- Revolve Harassment Cases Where Possible. In a harassment case, investigate promptly. If you determine that harassment occurred, take actions to stop the harassment and remedy its effects. If this is done and you made efforts to prevent the harassment from occurring in the first place, you may not have any liability in court, and the EEOC close the case.