Growing number of EEOC filings makes discrimination awareness and training more important than ever

By Michael O’Shaughnessy

The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee based on race, color, religion, sex, national origin, age, disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Given the trend of increased filing activity, it is important for every business to know the laws and take the necessary steps to prevent discrimination in your business. Doing so will also encourage harmony and cooperation among your employees, and make your place of business a much more comfortable place to work.

Based on my 30 years of experience as an attorney, I can tell you that discrimination awareness and training is very important. Why? Because the cost of defending against, and resolving, an EEOC claim goes well beyond the litigation and settlement expenses and includes:

• Loss of productivity and the distraction of an organization’s staff for months as documents are gathered and prepared, an internal investigation is conducted, and time is invested in legal proceedings.

• The reduction of employee morale.

• The potential damage to the employer’s reputation.

It is important to be proactive in adopting best practices that reduce your exposure to discrimination or harassment claims. You can start by developing a solid non-discrimination and anti-harassment policy, complete with a clear complaint procedure that complies with current EEOC requirements.

Policy and Procedure
• Work with an attorney with experience in discrimination policies to develop a discrimination policies and procedures manual for all employees. This should be as comprehensive as possible, following all state and federal discrimination laws, and should provide direction pertaining to when disciplinary action or termination is warranted.

• Policies and procedures should clearly define the steps an employee should take to report discrimination. It is also helpful to have human resources professionals that are knowledgeable in handling discrimination complaints.

Training
• At least once a year, review your policies and procedures with your management and employees. Encourage your managers to not tolerate discrimination in the workplace as the actions of your managers will help to set the tone and prevent discrimination.

• This discrimination training must include definitions of what is considered discrimination, easy to follow procedures on how to report suspected discrimination and a clear message that discrimination will not be tolerated. Also, it is important to document the training of each employee.

On an on-going basis, it is very important that your discrimination policies are more than just something printed in a handbook. Your managers must know when to elevate a complaint to a higher level and let someone else step in. When you have doubts about the proper course of action to take with an employee, it is always best to talk with employment counsel before taking any action.

Finally, it is important to consult with your attorney at least once  a year to stay current on any changes to the laws, and to make the appropriate changes to your policies.
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With 30 years of experience as a litigator, attorney Michael O’Shaughnessy knows how to cut through any hidden agendas or manipulation his client might be up against and get the best possible outcome for the client. He is known for the depth and breadth of his expertise and for his approach to client service that is responsive, concise and straight to the point. He knows the work he does directly impacts his client’s business. O’Shaughnessy is the managing partner at Colombo & Colombo PC. You can contact him by calling his office at 248-645-9300, or by sending an email to MJO@colombopc.com. The firm’s website can be viewed at www.colombopc.com.