How can an employer influence an EEOC investigation?
Robin Shea, who is a partner in a law firm, says employers can influence an investigation, especially when not working with a lawyer. By unintentionally admitting a violation occurred or providing too many details, employers moving forward without a lawyer can turn even the most trivial complaint into a full-blown investigation.
How long does an EEOC investigation usually last?
A typical EEOC investigation period lasts six months, but each case varies. During this time, the employer may be prohibited from destroying documents of any kind without prior permission. Employers should hire a lawyer for counsel.
When did the EEOC start dealing with sexual harassment?
Six years ago, when we came to EEOC as commissioners, we were struck by how many cases of sexual harassment EEOC continues to deal with every year. What was further striking to us were the number of complaints of harassment on every other basis protected under equal employment opportunity laws the Commission deals with today.
Can a company be sued by the EEOC?
However, employers don’t have to admit any liability or guilt, and agreements remain private. The EEOC may sue the employer if said employer will not mediate, or if the EEOC determines the case goes beyond what mediation could offer and is far more serious.
When to use outside counsel for an EEOC investigation?
If a company chooses to use outside counsel for the EEOC investigation, it is important for outside counsel to reach out, as soon as possible, to the EEOC with a letter of representation.
How does an EEO investigate a formal complaint?
An investigation of a formal complaint of discrimination is an official inquiry into claims raised in an EEO complaint. EEO investigations may include a variety of fact-finding methods such as interviews, a fact-finding conference, requests for information, interrogatories, and/or affidavits.
What is the third outcome of an EEOC investigation?
The third outcome, conciliation, occurs only if the EEOC issues a “cause” determination. After the EEOC has issued a “cause” determination, it will attempt to work with both parties to agree on relief for the charging party.
Who is the Equal Employment Opportunity investigator ( EEO )?
The Equal Employment Opportunity Investigator is a person officially designated and authorized to conduct inquiries into claims raised in EEO complaints. The authorization includes the authority to administer oaths and to require employees to furnish testimony under oath or affirmation without a promise of confidentiality.