Clowns Are Scary, But Being Charged by The EEOC Is Scarier

It’s that creepy time of year where horror movies seem to play on every channel, and you think you see a clown lurking in every curb drain you pass. Clowns are frightening and thanks to Stephen King, it’s the childhood nightmare that frightens us all. However, nothing is scarier for an employer than being charged by the Equal Employment Opportunity Commission (EEOC) and if your business isn’t prepared, that charge can ruin your business.

What happens when the EEOC charges a business?

Well, as an employer, you must review the discrimination charge carefully. A “Notice of a Charge of Discrimination” doesn’t mean you have violated the laws of the EEOC. A charge is merely a complaint of discrimination, not a final judgment that the alleged discrimination has occurred.

What should an employer do?

An employer is advised to follow the directions set forth on the EEOC charge notice. The notice may ask the employer to provide a position statement. This gives an employer the opportunity to explain why the claim may be illegal or incorrect. Even if an employer believes the charge to be false, requesting for more information can be helpful. Additionally, protecting employees from retaliation is imperative. It is essential to also reassure employees that they won’t face punishment for taking part in the investigation.

How do you protect your business from retaliation for an EEOC charge?

As an employer, it’s essential to treat all employees consistently. If you must make a decision that may negatively affect an employee who filed a charge or is part of the EEOC investigation, an employer should ask themselves the following questions:

• Are we holding the employee to a stricter performance or behavioral standard now than before the discrimination complaint was filed?
• Are we treating the employee the same as other employees who have broken similar rules were treated?
• Are we treating the employee differently than we’ve treated other employees who have similar skills, abilities, or accomplishments?

If you answered “yes” to any of these questions, you must determine if you can justify the decision to treat the employee differently.

Here at KRESS, our diligent team of screening professionals is always working to ensure that companies comply with the EEOC laws and regulations. We work with businesses across the country to provide reliable, compliant background checks that contain useful information and grant you peace of mind. It’s why our motto is more information equals better decisions. If you’d like to know more about our background screening services, contact us today for a complementary background check and witness the KRESS difference.