For the most part, the
number of complaints against employers addressed by the EEOC continues to be high. Since these administrative
charges leveled through the Equal Employment Opportunities Commission (EEOC) is
a precursor to a sexual harassment lawsuit it is essential for employers to
respond properly to these complaints. It would be prudent to involve a sexual
harassment lawyer to draft a worthy response to the complaint.
Do not Respond in
Snippets
Usually EEOC
complaint-letters contain just one or two paragraphs detailing the allegations
of discrimination. But you must not provide short responses. You must try to
make them understand the whole story behind the allegation in as much detail as
possible. It is essential to elaborate the reasons that led to the adverse job
action. Provide the agency all the facts so that they can understand your point
of view. This will help you nip the problem in the bud and sexual harassment
attorneys work hard to make this idea come to fruition.
Provide Proof with Your
Response
Ask your legal
representative what documentation and evidence you ought to attach with the
response. Usually documents that have proof to discredit the allegations are
furnished with the response. You can attach attendance reports, sales reports,
e-mails, and measures you have taken, to name a few. For the most part, these
documents must affirm your version of the story.
Provide the Accurate
Version
The EEOC has the tools
to unearth a lie very easily. This is why you must put verified information in
the response letter. Have the management review the letter before the final
copy is dispatched. The information that you provide can be used against you in
a sexual harassment or discrimination lawsuit. Your legal professional’s help will prove invaluable
here too.
Highlight Similar
Adverse Job Decisions
Give the EEOC details
when you were forced to take similar actions against employees in the past to
prove that your motives were not based on discrimination. If a disgruntled
employee is trying to show that she suffered sexual harassment or
discrimination for being a woman provide proof that men too had suffered
similar adverse job implications for the same misconduct.
Explain why You Think that
Your Actions are Justified
As an outsider, the EEOC
has no knowledge of the nature of your business. Therefore, make it a point to
explain why you need a certain number of skilled people working on a project at
all times and how it affects your output if one of them is regularly absent due
to no apparent reason.
Sometimes you have to
make due with you have though. Have you seen the movie Hoosiers? The coach,
played by Gene Hackman, decided to sit one of his best players even when there
was only four players on the court. This coach had conviction. They lost the
game and he took some serious heat because of it but he was setting an example.
If you do not do what he asks, you do not play.
All teams need a strong
leader and teams work the best when everyone is doing what they are supposed to.
Anyone who does not understand that, needs to be taught that or asked to leave
the team. In this case, the player learned his lesson and played outstanding team
basketball for the rest of the season and they won the state championship.
Confidentiality must be
Maintained
The response you
provide to the EEOC must not be made public, more so if the employee is still
working. If the investigators approach you, do not hide anything from them.
It is important to note
here that you must respond to an EEOC complaint immediately. Since an EEOC
complaint usually means that a lawsuit is not far behind, inform your insurer
immediately. If you do not contact your insurer in a timely fashion, your claim
can be denied. Also ask your sexual harassment lawyer to start preparing for a
lawsuit and start filing all the documents relevant to the case including
evidence.
If you face persistent harassment and discrimination
complaints make sure to consult a
sexual harassment lawyer as soon as possible. We know how difficult it must be
to file a lawsuit against your employer but with the solid support of a legal
counselor you will be protecting your rights.
If you need legal help
in this manner, contact us or use this website (Sexual-Harassment-USAttorneys) to find yourself
that legal help. Some things you should not have to put up with. Dean Koontz’s
character in Lightning, Laura Shane, knew all about that as a child.
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