When an administrative agency, like the federal Equal Employment Opportunity Commission (“EEOC”), receives a complaint of discrimination or retaliation, the employer is given an opportunity to respond and provide information/evidence pursuant to the agency’s investigation of the complaint. In its response, the employer can explain why the action taken against the employee was legitimate or did not occur as alleged. These responses are an opportunity for the employer to provide sufficient information to avoid further action by the administrative agency or potentially litigation of the claim(s). A strong response could demonstrate there is no support for the complaint and resolve the complaint in a favorable manner for the employer. However, these responses can also create a written record of admissions to which the agency can hold the employer accountable, and any supporting documentation may be closely scrutinized and used to establish liability. Thus, employers must be thoughtful in sharing information at this early stage and should ensure there is a procedure in place for managing and developing these responses.
Participants in this webinar learned about:
- The types of administrative complaints that an employer may receive from the EEOC or California agencies
- Specific prohibitions of the applicable laws and regulations, and the standard of proof by which these complaints are generally evaluated
- Strategies employers can use to effectively respond to complaints of discrimination and retaliation
- Proactive measures employers can take to avoid employee complaints.
This program is valid for 1 PDCs for the SHRM-CPSM or SHRM-SCPSM.
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This was the 12th webinar event in Conn Maciel Carey LLP’s 2022 Labor and Employment Webinar Series. Click here to view our full schedule and detailed program descriptions for all of the webinars scheduled for the 2022 Labor and Employment Webinar Series. If you missed any of our past webinars in our annual Labor and Employment Webinar Series, view our Labor and Employment Webinar Library to access of our webinar recordings. Also, click here to subscribe to our YouTube channel and get an email notification when new recordings become available.