This particular trinity – holy or unholy in your minds - is definitely worth befriending. These agencies are the Equal Employment Opportunity Commission (EEOC), the Occupational Safety and Health Administration (OSHA), and the United States Citizenship and Immigration Service (USCIS). Most of you may be thinking I’m asking you to hug a porcupine! But it is not so. Despite all the fear mongering that seems popular, these three agencies make excellent allies in the battle against unjustified claims and employment issues. In the case of the occasional justified claim, they can also be helpful IF you have taken the precautions and recommendations each of these agencies put forth to keep your organization clear of claims and issues.
My blog today is too brief to cover all three of the agencies referenced so let’s start with the EEOC and progress to the other two in subsequent writings.
What insanity has me asking your organization to befriend an agency that has a reputation (earned or unearned) of being somewhat prickly and overzealous in pursuing claims against employers? And, just how do you accomplish this? On the first question, I’m not necessarily insane. I’ve had the responsibility of working with the EEOC as the employer representative on several claims over the years for different employers. In almost every instance, the experience was pleasant, educational, and affirming. It was pleasant to find that each of the agents assigned was just as interested in resolving the issue or issues as we were. The experiences were educational in that in every instance, the agents were diligent in reviewing the EEOC mediation process with both parties and in creating a non-adversarial atmosphere from the start. The experiences were affirming in that, having taken the precautions and put into place the recommendations, the EEOC put forth, I felt in each case that the agency was working for us rather than against us as the employer.
So how to you get to this place? The first thing you do is follow the very straight forward guidance the EEOC has provided for every organization on dealing with various issues of discrimination including sexual harassment in the workplace (link included at the end of this blog). Regardless of the nature of the issues, every single piece of policy guidance includes; (1) the employer taking proactive and affirmative steps to prevent or avoid discrimination in the workplace by developing, communicating, and upholding a policy against various forms of discrimination and (2) conducting an effective, prompt, thorough workplace investigation when a complaint is received.
Now, I would recommend applying the EEOC’s detailed enforcement guidance for “Vicarious Employer Liability for Unlawful Harassment by Supervisors” to developing all such policies.
To summarize the guidelines, employers are encouraged to develop anti-harassment policies, along with complaint procedures for those who believe they have been harassed. The policy should clearly explain unacceptable conduct and reassure employees who complain that they will be protected against retaliation. The complaint process should describe multiple avenues for reporting harassment and provide assurances of confidentiality to the extent it is possible. Investigations of allegations should be prompt and impartial, and if the investigation finds that harassment did indeed occur, the policy should provide for immediate corrective action. (Broadus, 2009)
After doing this, the next step to befriending the EEOC is that if and when you receive a formal EEOC complaint, choose mediation, every time! Don’t blow it off or take it for granted. It will take some of your time but is worth the investment. Come prepared with proof of all the steps you have taken to avoid getting to this point and come with an open mind and congenial attitude towards the complainant. Don’t play coy if you know there were issues, but, be clear if the complainant did not afford you, the employer, an appropriate opportunity to address the issues. This could be your chance to do so or to make concrete plans to do so, and exit the mediation with your organization’s wallet intact and a potentially salvaged employee-employer relationship.
All of the above steps will help to establish your organization as one that takes complaints seriously and one that actively works to maintain an environment where employees can work free of discrimination and harassment. That will make you a friend and ally to the EEOC.
Good luck and best regards,
Vivian L. Mora, MSS, SPHR
Vivian L. Mora is certified as a senior professional in human resources (SPHR) by the Human Resources Certification Institution and holds a master’s degree in sociology and economics. She is the founder and managing partner of Mora & Associates, a retained executive search and human capital consulting firm based in Katy, TX.
Vivian offers Harassment Prevention and Professional Interaction training sessions (http://morahr.com/HarassmentPrevention.aspx) including sessions geared towards the unique issues faced by harassment prevention in hospitality, sports, and entertainment industries which draws on her background successfully leading the human resources function in professional sports and entertainment. For more information, please contact call (877) 310-6553, ext. 702 or email her at vivian@morahr.com. Referenced link to EEOC Policy Guidance: http://www.eeoc.gov/laws/guidance/index.cfm.
