You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page. By Dori Meinert December 1, Reuse Permissions. Page Content. This article was updated on April 21, Ignoring complaints. Delaying investigations. Losing objectivity. Being distracted during interviews.
Using overly aggressive interview tactics. Not conducting a thorough investigation. Failing to reach a conclusion. Failing to create a written report. Failing to follow up with those involved. Employee Relations. You have successfully saved this page as a bookmark. OK My Bookmarks.
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OK Join. An error has occurred. From Email. To Email. If new or additional allegations arise during the course of the investigation, staff assess whether the charge should be amended, a new charge should be filed, or the investigation should be expand Staff take appropriate action and notify the parties. EEOC conducts an investigation consistent with its Priority Charge Handling Procedures and applies the law to the facts in its findings.
Based on the charge's prioritization, staff take investigative actions within a reasonable amount of time given the type of investigation, the resources available in the office, the complexity of the case, the need for legal advice and assistance, and the cooperation of the parties.
Staff utilize investigative tools to obtain information necessary to determine whether discrimination likely occurred. Staff address new issues in the investigation, including potential systemic issues, as warranted. Staff attempt to interview the charging party prior to reaching a determination on the charge. EEOC's analyses and conclusions are supported by the evidence obtained and contained in the investigative file, reflect a reasonable application of the law and current Commission policy, and are informed by consultation with its legal personnel, as warranted.
EEOC communicates with the charging party, respondent, and their representatives to facilitate the progress of the investigation. Staff inform charging party of his or her rights and explain how EEOC conducts its investigation of charges. EEOC provides notice to the respondent of the charge and identifies the issues, bases, and relevant allegations regarding the alleged unlawful employment action s.
EEOC may request that the respondent provide a position statement with supporting documentation to respond to the facts in the charge. EEOC may request that the charging party provide a response to the position statement submitted by the respond Staff timely communicate with the charging party, the respondent, or their representatives, as the investigation warrants. Communications between the EEOC and the parties are clear and respectful to facilitate the progress of the Commission's investigation.
EEOC may also require the respondent to provide access to evidence and to produce information or evidence relevant to the charge. EEOC communicates its resolution of the investigation to the parties. When the agency concludes that further investigation is unlikely to lead to a finding of reasonable cause to believe discrimination occurred, staff convey this determination to the charging party and advise the charging party of the right to file a lawsuit and the time limits for filing, and notify the respondent.
EEOC also notifies the charging party of its determination. Quality Practices for Effective Conciliations EEOC has a strong commitment to resolving charges through conciliation as such resolutions are one of the most effective means for bringing employers into compliance with the statutes the agency enforces. EEOC invites the respondent to participate in conciliation efforts.
The Letter of Determination invites the respondent to engage in conciliation efforts in order to eliminate the alleged unlawful employment practices and reach a just resolution of the matter. The conciliation request is based on the findings of the investigation and informs the parties of the relief sought. The conciliation request provides the respondent with a reasonable amount of time to respond to EEOC's conciliation proposal or to submit its conciliation proposal.
The conciliation request seeks meaningful relief for the victims of discrimination and seeks to remedy the discriminatory practices. The conciliation request provides meaningful remedies to the aggrieved individuals. The relief sought in conciliation explicitly addresses the discriminatory employment practices at issue in the case. The request typically seeks targeted, equitable relief in order to prevent similar violations in the future.
EEOC considers offers made by the respondent. Staff consider offers made by the respondent in a timely fashion. Sometimes complainants present you with information that could give rise to a complaint of discrimination even if it is not framed that way.
As the investigator, it is your obligation to understand how a complaint could be a discrimination complaint and come to conclusions on whether something constitutes discrimination. More importantly, investigators should be aware of how investigations in and of themselves could be discriminatory.
Participants in this course should have experience and training in conducting investigations. The point of this course is to further your understanding of the legal concept of discrimination in all of its forms — direct, indirect, systemic and adverse effects.
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