Give Discrimination Charges Immediate Attention
Statistics from the Equal Employment Opportunity Commission (”EEOC”) confirm what many of us lawyers defending businesses already knew: the number of discrimination charges filed against employers continues to grow each year. In the current economic climate, employers are more vulnerable than ever as terminated employees look for any recourse that might soften the economic blow of losing a job.
Before pursuing a lawsuit under state or federal anti-discrimination laws, employees must first pursue administrative relief with the State Department of Civil Rights or the EEOC. Once a claim or “charge” is filed, the employer will be notified and given the opportunity to file a written response. An investigation then ensues, which results in a written determination on whether discrimination occurred.
Many employers fail to appreciate the potential implications of a poorly handled EEOC investigation. They tend to process the initial request for information and response in the same way they might handle an application for unemployment or worker’s compensation benefits. Consequently, the response is often relegated to, and drafted by, a bookkeeper or office manager who lacks training in this area. Not infrequently, the same manager who mishandled the termination process in the first place is assigned the job of addressing the EEOC charge.
This lack of attention can needlessly extend what should be a straightforward investigation. Worse, it may generate a paper trail of careless, potentially harmful statements that will be attributed to the employer if the employee ultimately files a lawsuit. Worse still, a poorly handled investigation may convince the EEOC that discrimination did occur and that the EEOC should step in itself to bring a lawsuit against the employer on the employee’s behalf. What started as an irritating bit of “paperwork” has become a two-headed monster well beyond the employer’s ability to control.
Now more than ever, it is imperative that employers be cautious, informed and proactive when dealing with employee discipline and termination. Seek counsel before you act. And if you do receive notice that a charge of discrimination has been filed, give it undivided and immediate attention. If you fail to do so, it most certainly will demand that much more time and attention in the days and weeks to come.
Dirk A. Beamer