How to Prepare for an EEOC Investigation

Federal employment law prohibits 10 types of illegal discrimination and it is the job of the EEOC to enforce these laws. If your company has received notice of an upcoming EEOC investigation, there are things you can do to make the process as easy on you and your business as possible.

Instructions

Difficulty: Easy

Things You’ll Need:

• Internet access
• Attorney
• Computer

Prepare for an EEOC Investigation

1. Learn the 10 types of illegal discrimination in the workplace. Employers are not permitted to discriminate against employees for age, gender, disability, national origin, race, religion, pregnancy or as a means of retaliation. They also may not allow sexual harassment in the workplace and must provide equal pay for equal work.
2. Engage an attorney. An EEOC investigation is a legal proceeding with legal consequences. If your company does not already have an attorney on staff or retainer, get one.
3. Give the EEOC any documentation it requests. You may be asked to provide the EEOC investigator with personnel files, pay records and copies of your company's employee handbook. The more promptly you submit the requested information, the faster the investigation will progress.
4. Find witnesses. If any of your employees or contractors can verify your claims, ask them to provide testimony on your behalf. Witnesses can make or break a case in an EEOC investigation.
5. Provide a written statement to the EEOC (known as a "Statement of Position") that presents your side of the story. This document should note any disagreements you have with the complainant's charges. Your company's legal department or your attorney can help you prepare this statement.
6. Be patient. It takes an average of 182 days for an EEOC investigation to finish. You'll find more information about the process on the EEOC Web site (see Resources below).

Tips & Warnings

• It may benefit your company to choose mediation. You'll avoid an EEOC investigation and your company never has to admit any wrongdoing. Mediation takes less time than an EEOC investigation as well, lasting an average of only 84 days.
• If you decide to go through with the EEOC investigation, be aware that any findings against you could result in severe penalties for your company. Even if the EEOC does not impose sanctions, the employee who made the initial complaint has 90 days from the time the EEOC finds against you to initiate a lawsuit. This lawsuit could result in a substantial financial reward for that employee and your company will have to pay.