The ins and outs of employment law can be puzzling, but it’s essential that every business has a working knowledge of EEOC regulations--and if you don’t have the time or resources to learn, it’s important that you find a partner you can trust.
The Equal Employment Opportunity Commission (EEOC) enforces federal laws having to do with employment-related discrimination based on race, natural origin, religion, sex, age or disability. Depending on the specific type of discrimination alleged and the laws under which the EEOC operates, a claim may not be considered for very small businesses with a limited number of employees. This threshold does not apply for the Equal Pay Act (EPA), which applies to virtually all businesses. A charge of discrimination must be filed with the EEOC within 180 days of the alleged discrimination except when the employee is also covered under state or local discrimination laws, when the time limit is extended to 300 days.
The EEOC does not cover a number of employment-related laws that one might assume. For instance, issues regarding overtime pay are handled by the Department of Labor, Wage and Hour Division along with disputes that arise from the Family and Medical Leave Act (FMLA). Some employee allegations can conceivably be under the jurisdiction of one or more federal agencies in addition to any applicable state agencies.
The charge handling process
The EEOC website states that you will be notified within 10 days of an employee's charge of discrimination. This initial process is an investigation and does not constitute a finding that your business has engaged in discrimination. An assigned investigator will request information from the employee, "the Charging Party," and you, the employer.
Specifically, you will be asked to:
* Submit a Statement of Position outlining your side of the dispute
* Respond to an official Request for Information (RFI): Documents requested may include copies of your personnel policies, the employee's personnel files, the personnel files of other individuals and any other relevant information
* Allow an on-site visit, an option that can often complete the fact-finding process and resolve the issue faster
* Provide contact information for other employees for witness interviews
Value of HR technology in preparing for an EEOC investigation
Paycor’s HRIS software can prove to be very valuable to preparing for an EEOC investigation, especially when used in conjunction with our online payroll application. Having both systems in place means that the majority of the information needed to resolve the claim is already available to the agency and reportable with any metrics included. All the necessary information--aside from your Statement of Position--is instantly available. In addition, the HR application’s powerful reporting includes dozens of standard report templates, including some of the most commonly requested federal compliance reports.
These standard report templates are also easily customized to include other information that might be relevant to the dispute, such as training administration, performance management and employee development. Having these reports instantly accessible means you can stop wasting time photocopying employee files, benefit manuals, payroll records, attendance files and organizing the information you need.
Learn more about how Paycor’s technology can help you resolve any EEOC compliance issues quickly. Get in touch with us today.
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