Organizations
have legal and moral responsibilities to support diversity in their workplaces
and to ensure compliance with all equal employment opportunity rules and
regulations. Unfortunately, workplaces
have not always been welcoming to women and minorities, and many people have
faced prejudicial behavior when seeking employment or while on the job.
While
laws like the Civil Rights Act of 1964 have improved the working lives of many,
there are still serious issues that require attention and action. Human Resource professionals are especially
important for creating hospitable and inclusive work environments.
Policies
that discriminate against protected classes of individuals, either explicitly
or accidentally, are illegal. Thus, even
unintentionally discriminatory practices that disparately impact those that are
vulnerable to prejudicial treatment must be prevented.
Investigating an employee’s claim of discrimination or harassment requires immediate action on the part of employers to satisfy the recommendations of the Equal Employment Opportunity Commission (EEOC). The EEOC strongly recommends that employers swiftly investigate and resolve employees’ complaints of workplace harassment and discrimination. If an employee lodges a complaint against a colleague or the employer itself, an investigation is a required step since courts have ruled that failure to investigate on the part of an employer is akin to discrimination.
Responsiveness
to a complaint and an investigation will not only yield the best information
and evidence, but it will also enhance both the investigator’s and employer’s
credibility. Investigations can help the
organization identify and resolve internal problems before they become
widespread. Given that every complaint
has the potential to become a lawsuit, employers should investigate every case
in a manner in which it can be presented to a court of law, if necessary. As potentially disruptive as investigations
can be, they must be prompt, thorough and effective to ensure all parties’
protection.
Specific
Topics to be Discussed:
•
Functions
of the EEOC
•
Federal
legislation requiring equal treatment of employees
•
Title
VII of the Civil Rights Act of 1964:
Original protected classes and currently acknowledged protected classes;
Amendments to Title VII in 1991 and 2020
•
Disparate
treatment v. disparate impact
•
Various
forms of harassment & applicable court cases
•
How is
sexual harassment defined?
•
What
harassment is NOT
•
Quid-Pro-Quo
harassment and Hostile Work Environments
•
Best
Practices for avoiding claims of sexual harassment
•
Determining
is the harassment is severe or pervasive
•
Sexual
harassment red flags
•
Process
of filing a charge with the EEOC
•
Common
reasons employees state for not filing a claim
•
Charges
of retaliation and discrimination
•
Formal
complaints and the investigative process
•
Process
for employees to follow when filing a charge of discrimination with the EEOC
and State/Local Agencies
•
What
employers can expect once a charge is filed
•
Conciliation
process
•
New
legislation regarding forced arbitration:
Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of
2021
•
Mediation
process
•
EEOC
determinations
•
Front
Pay in lieu of job reinstatement
•
EEOC
penalties levied against employers
•
Tips
when dealing with the EEOC
•
Affirmative
Action programs
• The cost of non-compliance
Who
will benefit:
•
Senior
Leadership
•
Managers
& Supervisors
•
Project
Team Leaders
•
Human
Resources Professionals
•
Operations
Professionals
•
Recruiting
Professionals
•
Employees
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