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Liability Protection Best Practices

Liability Protection Best Practices . Equal Employment Opportunity Commission – EEOC . Created by Title VII of the 1964 Civil Right Act. Charged with enforcement and administration of discrimination law. Complaints must be filed with EEOC within 180 days of the incident.

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Liability Protection Best Practices

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  1. Liability Protection Best Practices

  2. Equal Employment Opportunity Commission – EEOC • Created by Title VII of the 1964 Civil Right Act. • Charged with enforcement and administration of discrimination law. • Complaints must be filed with EEOC within 180 days of the incident. ©SHRM 2008

  3. EEOC Investigation Process • Charge is filed with the EEOC. • EEOC asks for a no-fault settlement from the employer. • If no settlement, the investigation is conducted by the EEOC. • EEOC issues a statement of “probable cause” or “no probable cause”. • Attempt at conciliation with employer. • Recommendation for or against litigation. ©SHRM 2008

  4. How Do They Decide What to Litigate? • In determining litigation, the EEOC considers: • The number of people affected by the alleged practice. • The amount of money involved. • Possible other charges against the same employer. • The type of charge involved. ©SHRM 2008

  5. Sorry, No Litigation by the EEOC • EEOC sends a “right to sue” notice to the charging party. • The claimant can file a civil suit without action by the EEOC. • Most cases are settled outside of litigation through alternative dispute resolution. ©SHRM 2008

  6. Minimizing Liability • ORGANIZATIONS MUST BE PROACTIVE. • Prevent discrimination. • Create an affirmative defense. ©SHRM 2008

  7. What Can HR Do? • Must have an anti-discrimination and sexual harassment policy. • Policy must define harassment. • Statement of no tolerance. • Communicate and train employees on the policy. ©SHRM 2008

  8. What Can HR Do? • Establish a reporting procedure. • Create more than one “route” for reporting: HR department, supervisor, other management personnel. • Have both genders represented in your reporting route ©SHRM 2008

  9. What Can HR Do? • Train employees in discrimination and sexual harassment. • Once per year, disseminate policy and conduct training. • Train supervisors and managers separate from employees. • Managers must know how to deal with complaints. • Managers must understand their responsibility. ©SHRM 2008

  10. What Can HR Do? • Monitor your workplace. • HR must know what is going on! • Keep lines of communication open. • Conduct prompt, careful and impartial investigations. • Take swift and appropriate corrective action when necessary. ©SHRM 2008

  11. What Can HR Do? • Employee handbook: • Make sure the handbook is approved by legal counsel. • Include an employment-at-will clause. • Have the handbook acknowledged by employee signature. • Revise regularly and keep the handbook up-to-date. ©SHRM 2008

  12. What Can HR Do? • Create a culture of ethics in your organization: • Get buy-in from upper management. • Establish an ethics policy. • Train employees in ethical decision-making. • Provide a “safe place” for employees to report unethical behavior. • Enforce sanctions against unethical behavior. ©SHRM 2008

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