Construction Law
Employer Self-Audits Prevent Discrimination
Statistics demonstrate an increase in litigation surrounding employment discrimination lawsuits. The U.S. Equal Employment Opportunity Commission (EEOC) enforces laws prohibiting discrimination and harassment based on race, color, national origin, gender, religion, age, disability, maternity, and genetic information. Employers that perform self-audits of their employment practices are better able to prevent, as well as, prepare for EEOC claims. Meet with an employment discrimination defense in Tampa to familiarize yourself with the EEOC regulations and to protect your company’s interests.
When Should I Self-Audit?
Self-audit and keep track of the race, sex and ethnicity of all applicants, new hires, and employees who were eligible for hire, promotion, or terminated. This helps determine if exceptions occurred or if all standards applied to all applicants. For example, did you have any women and/or minority applicants? What were their qualifications and how did their qualifications compare to the people hired? Why were some individuals hired but not the women and minority applicants?
Discrimination may take place in circumstances of dissimilar wages, differences in promotional opportunity, or non-access to training. If any decisions seemed suspicious or cannot be justified by unbiased factors, address these concerns accordingly.
What Employers Can Do
Employers need to put strong measures in place to prevent and address employment discrimination, harassment, and retaliation. All employees must sign off on a training record and indicate compliance with the employer’s policy. The policy should include a process for reporting any incidents and options for reporting incidents to supervisors. Outline steps that detail how all complaints and all offenders are handled. Have a higher-up for every supervisor to keep staff accountable for their actions. Respond to an employee complaint in a manner that is timely, confidential, and as your policy dictates. Finally, the employment discrimination policy should contain an appeal process for employees dissatisfied with the outcome of their complaint. Otherwise, the employee may file a claim with the EEOC.
What Audit Documents Are Necessary?
Performance reviews, resumes, job descriptions, warnings, and customer complaints should be included in each employee file. If the EEOC requests documents and interviews, do not ignore the request. The law gives the EEOC the right to request documents and interview witnesses so be sure to inform your attorney if this is requested of you.
If you would like to speak with an attorney for discrimination defense in Tampa, please contact us at 813.579.3278, or submit our contact request form.
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.