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EEOC HR Compliance

The Equal Employment Opportunity Commission, or EEOC, is the federal agency tasked with employment discrimination and equal opportunity issues. The EEOC can bring lawsuits on behalf of victims of discrimination against employers in the workplace. Equal Employment Opportunity (EEOC) compliance is a critical body of specialized knowledge that all employers need to know.

The Equal Employment Opportunities Commission (EEOC) has guidelines for the hiring process. It is most important that your process have no adverse impact on any protected minorities. These groups include all women, all non-Caucasians and all people who are forty years of age or older.

In addition to EEOC Regulations, the Americans with Disabilities Act (ADA) states that you cannot ask any questions that might intentionally or unintentionally uncover any physical or mental disability.

Handling EEOC Complaints

EEOC complaints may arise from a specific personnel action, such as employment, promotion, work assignment, selection for training, disciplinary action, or separation, or it may relate to prevailing conditions in an organization. A complaint of discrimination may be filed by any employee or group of employees. The aggrieved individual has the right to be represented at all stages of the process.

If you feel that you have been discriminated against, get all the facts on the matter to make sure there has been no misunderstanding. Feel free to speak with your supervisor, administrative officer or personnel representative first.

If you are still dissatisfied and wish to utilize the EEOC complaint system, you must bring the matter to the attention of an EEO counselor within 45 calendar days of the occurrence of the alleged discriminatory act or effective date of the personnel action alleged to be discriminatory.

The EEOC counselor will listen to your problem, and advise you of your rights under the EEO complaint system. The counselor will make inquiry into the matter, if you wish, by discussing the problem with your supervisor, associates, personnel representative, etc. and will attempt to resolve the problem informally, acting always with your approval.

EEO-1 Form: Must File By September 30

The EEO-1 Form (aka the Employer Information Report) is a government form requiring many employers to provide a count of their employees by job category and then by ethnicity, race and gender. The EEO-1 report is submitted to both the EEOC and the Department of Labor, Office of Federal Contract Compliance Programs (OFCCP).

All employers with 100 or more employees and all federal government contractors and first-tier subcontractors with 50 or more employees with $50,000+ contracts must file EEO-1 Form.

The EEO-1 report must be filed annually with the EEOC by September 30. Employment data must be used from one one payroll period during the third quarter of the current year.

The EEOC uses the data to support civil rights enforcement. The EEOC also uses the data to analyze employment patterns, such as the representation of female and minority workers within companies, industries, or regions. The OFCCP uses EEO-1 data to determine which employer facilities to select for compliance evaluations.

EEOC Training Requirements

The Equal Employment Opportunity Commission (EEOC) requires that all current EEO Counselors and EEO Investigators must receive 8 hours minimum of training annually to stay abreast of updated EEO regulations.

New EEO Counselors and EEO Investigators must get 32 hours minimum of training before taking on EEOC counseling jobs.

EEOC training programs are designed to familiarize persons with Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA), which apply to all organizations with 15 or more employees. EEOC training also includes the Age Discrimination in Employment Act and the Equal Pay Act, which applies to businesses with 20 more employees.

EEOC training features both instruction and case studies that allow employees to handle and prevent problems related to discrimination. Workshops, seminars and other events usually provide an overview of EEO, affirmative action and diversity. Training allows participants to assess their own knowledge and skill in dealing with difficult situations.

EEO Sample Policy

The following is a sample EEO Policy for an organization. The EEO policy must be:

Written on official company letterhead
Signed by the appointed EEO Officer
Posted in the office and at all job sites

Equal Employment Opportunity Policy Number ___

APPROVED BY:
EFFECTIVE DATE:
LAST REVISION:

Purpose:

To state the commitment of the system to Equal Employment Opportunity.

Policy:

1. The XYZ Company is an equal opportunity employer. No person is unlawfully excluded from consideration for employment because of race, color, religious creed, national origin, ancestry, sex, age, veteran status, martial status or physical challenges.

2. The policy applies not only to recruitment and hiring practices, but also includes affirmative action in the area of placement, promotion, transfer, rate of pay and termination.

3. Executive, management and supervisory levels have the responsibility to further the implementation of this policy and ensure conformance by subordinates.

4. Any XYZ Company employee who engages in discrimination will be subject to suspension or termination.

5. Any supervisory or managerial employee who knows of such behavior and fails to take immediate and appropriate corrective action will also be subject to disciplinary action.

6. Any individual who is the target of discrimination is encouraged to discuss the matter with the Department Director.

7. Any individual who feels such a discussion would be or has been futile, unsatisfactory or counterproductive should contact the Human Resources Department.

8. A member of the Human Resource staff will be designated to investigate the claim.

9. The accused individual may be suspended pending the outcome of the investigation.

10. Retaliation against claimants will not be tolerated.

XYZ Company is proud to be an equal opportunity employer. We are committed to providing equal employment opportunities to you and all other persons without regard to race, creed, color, religion, national origin, sex, marital status, citizenship status, age, veteran status or disability.

Furthermore, we will not tolerate any form of discrimination or harassment of our employees by co-workers, supervisors, customers, or vendors. This commitment extends to our policies on recruiting, advertising, hiring, placement, promotion, training, transfer, wages, benefits, termination and all other privileges, terms and conditions of employment.