EEOC Information for Employers
[Information on this page is summarized from the U.S. Equal Employment Opportunity Commission website.]
The EEOC website covers the following questions relating to sexual harassment for employers:
- Can you give me a quick overview of small businesses and EEOC?
- What laws does the EEOC enforce and do they apply to my business?
- How does the EEOC count employees?
- What employment records must I keep?
- What documents must I file with the EEOC?
- How does the EEOC process discrimination charges?
- If a charge is filed against me, do I automatically go to court?
- What is sexual harassment?
- If I've violated the law, what could happen?
- What is the Small Business Regulatory Enforcement Fairness Act?
- Are there any seminars I can attend to learn more about complying with employment laws?
- What publications can I order to help me comply with the employment laws?
- I need to talk to a real person in my area about EEOC-enforced laws. Whom can I contact?
- Do other federal agencies dealing with small business have websites that can help me?
Briefly, the laws cover all private employers, state and local government employers, and educational institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training.
EEOC investigators interview individuals alleging employment discrimination to establish whether they have jurisdiction. Investigators explore in detail a potential charging party's description of the alleged violation and the pertinent date(s). This information is assessed to determine the potential merits of the charge. Based upon their assessment, EEOC advises the potential charging party whether they will investigate or immediately dismiss the charge.
EEOC will notify the employer within 10 days of accepting a charge. Notification normally includes a copy of the charge briefly identifying (a) the charging party, (b) the bases and issue(s) of the allegation, (c) the date of the alleged violation, and (d) an explanation of the employer's obligation to retain records pertaining to the charge. An invitation to mediate the complaint may also be included in the notification package.
Mediation. EEOC has a free mediation program. The program is voluntary at all stages of the process. Neutral mediators provide employers and charging parties the opportunity to reach mutually agreeable solutions, while making efficient use of their time and money.
In the event that mediation does not result in a settlement, the charge is referred for investigation. Information disclosed by the parties during the mediation will not be used as a part of EEOC's investigation. Moreover, mediators are bound by confidentiality provisions and may not provide information about the mediation to EEOC investigative staff.
Conciliation. If EEOC decides that there is reasonable cause to believe that discrimination occurred, the investigator explains the rationale to the employer. This is followed by a written determination and invitation to enter into conciliation discussions. The purpose of these discussions is to eliminate the discrimination and provide relief to the charging party and others, if appropriate, without going to court. Negotiations will continue for a reasonable period until the case is resolved or conciliation fails. Conciliation agreements are ordinarily signed by the charging party, the employer, and the EEOC office director.
If the conciliation efforts fail, EEOC will determine if it will sue a private employer or recommend litigation to the Department of Justice for state and local government employers. If EEOC decides against litigation, the charging party will be given his or her right to file a lawsuit in federal court.
