Looking to save yourself from a workplace discrimination lawsuit?
The Equal Employment Opportunity Commission (EEOC) was created to safeguard employees against discrimination in the workplace. However…
The fact is that many employers fail to understand the EEOC guidelines until after they’ve had a discrimination lawsuit filed against them.
And that’s more expensive than it used to be. According to the EEOC’s 2024 report, the agency recovered over $698 million on behalf of more than 21,500 victims of workplace discrimination last year alone.
That’s a whole lot of money that could have been saved if the companies had familiarized themselves with these guidelines.
But don’t worry, it’s not rocket science either. Knowing the EEOC guidelines and regulations will help you stay compliant as an employer.
What’s in this article:
- What Is the EEOC?
- Why Does EEOC Compliance Matter for Employers?
- Protected Classes Under EEOC Guidelines
- Common EEOC Violations to Avoid
- How to Build a Compliant Workplace
What Is the EEOC?
The Equal Employment Opportunity Commission is a federal agency in charge of enforcing anti-discrimination laws and policies in the workplace.
Think of them as referees. When there’s a dispute between employers and employees on matters of discrimination, the EEOC is the one that investigates the issue, files lawsuits in the case of violations, and helps resolve issues between employees and employers.
If you have a problem with workplace discrimination that’s escalated, then you may need to contact a Mississippi EEOC Lawyer in your state.
The EEOC enforces the following laws:
- Title VII of the Civil Rights Act
- The Americans with Disabilities Act (ADA)
- The Age Discrimination in Employment Act (ADEA)
- The Pregnant Workers Fairness Act (PWFA)
This includes protection against discrimination when it comes to hiring, firing, pay rates, promotions, and the everyday treatment of employees.
Why Does EEOC Compliance Matter for Employers?
Okay, let’s be honest.
You’re here because you want to know what employers are supposed to be doing about EEOC compliance.
The truth is that no one wants to be the defendant in a discrimination lawsuit. EEOC compliance is not optional.
Did you know that the EEOC received 88,531 new discrimination charges in fiscal year 2024? That’s a 9.2% increase from the previous fiscal year.
And the EEOC won 97% of the lawsuits in fiscal year 2024 where a resolution was reached. That doesn’t look like very good odds for employers that aren’t compliant with EEOC guidelines, does it?
Discrimination lawsuits will set you back a lot of money and destroy your reputation, employee morale, and create a hostile environment in your company.
EEOC compliance, on the other hand, will allow you to:
- Avoid expensive lawsuits and settlements
- Build a stronger employer brand
- Attract and retain top talent
- Create a more productive workplace
Protected Classes Under EEOC Guidelines
The EEOC protects workers against discrimination based on specific characteristics.
Familiarizing yourself with protected classes under EEOC guidelines is one of the first steps toward building a compliant workplace and establishing compliant policies and procedures.
The following classes are currently protected under EEOC guidelines:
- Race and color
- Religion
- Sex, including pregnancy, gender identity, and sexual orientation
- National origin
- Age (40 and older)
- Disability
- Genetic information
One important detail to remember…
These protections are extended to every stage of employment, including job assignments, training, and benefits. Employers are not allowed to make decisions that impact their employees’ employment based on these characteristics. Full stop.
Common EEOC Violations to Avoid
Let’s review the most common EEOC violations here, because it’s always best to know what mistakes to look out for.
Retaliation is number one.
Retaliation is the act of punishing workers for reporting discrimination or for participating in an investigation. Retaliation is present in nearly 50% of all EEOC charges filed.
The most common other violations are:
- Harassment based on protected characteristics
- Failure to provide reasonable accommodation
- Discrimination during the hiring process
- Unequal pay for equal work
- Wrongful termination
Harassment
Workplace harassment includes more than just inappropriate jokes and offensive comments. It includes any unwelcome conduct that’s based on protected characteristics that creates a hostile work environment.
This also includes verbal abuse, offensive images, unwarranted physical contact, and intimidation.
Accommodation
Employers are required to provide reasonable accommodations for employees that are either disabled or have conditions related to pregnancy.
Reasonable accommodation includes:
- Modified work schedules
- Physical workspace adjustments
- Restructuring of the job
- Leave for medical treatment
Employers are not allowed to deny these accommodations unless it can be proven that these accommodations place an undue hardship on the business.
Discrimination During the Hiring Process
Job advertisements, interview questions, and hiring practices have to be neutral and be related to the job.
Employers should not ask candidates about their age, family planning, religious holidays, or any other protected characteristic during the interview.
How to Build a Compliant Workplace
So how can employers stay on the right side of EEOC’s guidelines?
The answer is simple. Proactive approach instead of reactive solutions.
Develop Clear Policies
The first thing to do is to have anti-discrimination and anti-harassment policies in the workplace.
These policies have to clearly state what is prohibited and what the consequences are for violating the policies. These policies should also state clearly the reporting procedures and promise that there will be no retaliation against any employees.
Every employee should have these policies made available to them and should be trained on them.
Train Your Management and Employees
Training is essential to make employees aware of unacceptable behavior, discrimination, and harassment and also to educate your employees about their rights and responsibilities.
Managers have to be trained on how to handle complaints, conduct investigations, and make employment decisions free of bias.
One-time training is never enough. Yearly refresher courses are highly recommended.
Document Everything
Documentation can save you during an EEOC investigation.
Maintain records of your hiring decisions, performance reviews, disciplinary actions, and accommodation requests and rejections.
When making employment decisions, document all business reasons behind each decision. This will make it easier to prove your case of non-discriminatory intent.
Respond to Complaints Promptly
Employees need to feel like they’re being heard, so take any complaint of discrimination seriously.
Prompt investigation and follow-through is key. Follow up with every party involved to make sure that the necessary actions were taken and that the problem has been resolved.
Wrapping Things Up
EEOC compliance is not optional. It’s the bare minimum that every employer has to know and follow.
With the number of charges of discrimination rising and the EEOC recovering record-breaking numbers, the risk of being hit by a discrimination lawsuit has never been greater. But that doesn’t mean that building a workplace that’s compliant with EEOC guidelines is an arduous task.
The basics are easy to understand:
- Know which classes are protected
- Develop and maintain clear policies
- Train your workforce
- Document every employment decision
- Respond to complaints and investigate them
These basic things will protect both you and your employees. It will help you create a workplace where people are judged on their merits and not on their protected characteristics.
If you are not sure that you have done everything right, then you can always consult an experienced EEOC employment lawyer that will review your policies and give you advice on how to be compliant with the current federal EEOC guidelines.