When an employee reports harassment or discrimination, the EEOC expects employers to investigate and resolve the complaint quickly. Courts have treated a failure to investigate as akin to discrimination, so every complaint should be handled as if it could end up in court.

This 90-minute webinar covers the legal background, including Title VII of the Civil Rights Act of 1964 and its amendments, disparate treatment vs disparate impact, and the forms of harassment, including quid pro quo and hostile work environments.

You'll then follow the EEOC charge process, conciliation, mediation and determinations, and learn how to plan an investigation, keep it confidential, interview witnesses, reach a determination and write up the results.

WHY SHOULD YOU ATTEND?

A prompt, thorough investigation produces better evidence, protects everyone involved and helps resolve problems before they spread. A poor one can become a lawsuit and bring EEOC penalties.

This session answers what an unbiased investigation looks like, how to choose an investigator, what never to do during an active investigation, and how to reduce legal risk. It suits senior leaders, managers, supervisors, HR, operations and recruiting professionals.

AREA COVERED

Legal background

• Functions of the EEOC
• Federal legislation requiring equal treatment of employees
• Title VII of the Civil Rights Act of 1964: original and currently recognized protected classes, and the 1991 and 2020 amendments
• Disparate treatment vs disparate impact
• Affirmative action programs

Harassment

• Forms of harassment and related court cases
• How sexual harassment is defined and what harassment is not
• Quid pro quo harassment and hostile work environments
• Deciding whether harassment is severe or pervasive
• Sexual harassment red flags
• Best practices for avoiding sexual harassment claims

EEOC charges

• How employees file a charge with the EEOC and state or local agencies
• Common reasons employees give for not filing
• Charges of retaliation and discrimination
• What employers can expect once a charge is filed
• Conciliation and mediation
• The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
• EEOC determinations and front pay in lieu of reinstatement
• EEOC penalties, the cost of non-compliance and tips for dealing with the EEOC

Running the investigation

• Formal complaints and the investigative process
• Creating an investigation plan
• Ensuring confidentiality
• Interim protection for the alleged victim
• Using internal and external investigators
• Developing interview questions and conducting interviews
• Making a determination and closing the investigation
• Writing a summary of investigation results

LEARNING OBJECTIVES

• Explain Title VII protections and the difference between disparate treatment and disparate impact
• Recognize quid pro quo harassment, hostile work environments and harassment red flags
• Describe the EEOC charge, conciliation and mediation process
• Plan an investigation and protect confidentiality and the alleged victim
• Choose internal or external investigators and conduct effective interviews
• Reach a determination, close the investigation and write a summary of results

WHO WILL BENEFIT?

• Senior Leadership
• Managers & Supervisors
• Project Team Leaders
• Human Resources Professionals
• Operations Professionals
• Recruiting Professionals
• Employees