In recent years, the Equal Employment Opportunity Commission (EEOC) has taken a more aggressive stance in defending its policies. While the ideal of equal opportunity in employment settings for all citizens is an important one, the EEOC’s practices have been criticized by the courts for their aggressive nature and the lack of conciliation as an option. For roofing contractors, it’s critical to understand the EEOC’s motives and make sure an internal structure is in place for handling EEOC claims should they arise.
Tips for Responding to EEOC Complaints
The EEOC receives nearly 100,000 complaints per year. While your company may never be in that number, it’s important to know what to do if they knock on your door. Actions to consider when crafting this procedure include:
- Contact a roofing lawyer immediately: If you receive a complaint from the EEOC, your first call should be to an attorney, if you don’t already have one. Their first action will be to review the complaint. As mentioned previously, the EEOC has become particularly aggressive in recent years. This is especially true with issues involving race, religion, and employees with a criminal record. The EEOC may overstep their bounds when it comes to these issues. It’s critical to let your attorney review the complaint prior to a formal response.
- Provide your lawyer with the documents necessary to build a defense: When defending yourself against an EEOC claim, you will need to provide documents that justify the action that’s being called into question. Examples of these documents include incident reports, documentation of policies violated by the terminated employee, or performance evaluations.
- Preemptively correct the situation: Once you’ve reviewed a claim, if you feel that you were not in compliance, you can take action to correct the issue. Employees can be re-hired. Settlements can be made. It’s important to examine a complaint closely and then act preemptively to prevent a challenging situation from becoming worse.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.