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Human Resource & Payroll

2024 EEOC & Employers: Investigating Claims of Harassment and Discrimination

EEOC & Employers Investigating Harassment and Discrimination Claims in 2024

In 2023, organizations continue to bear legal and moral responsibilities for promoting diversity in their workplaces and upholding compliance with all equal employment opportunity rules and regulations. Regrettably, workplaces have not always been inclusive for women and minorities, and many individuals have encountered prejudicial behavior while seeking employment or during their employment.

While the current laws have improved the working lives of many, there are still serious issues that require attention and action. Human Resource professionals are especially important for creating hospitable and inclusive work environments.

Policies that discriminate against protected classes of individuals, either explicitly or accidentally, are illegal. Thus, even unintentionally discriminatory practices that disparately impact those that are vulnerable to prejudicial treatment must be prevented.

Investigating an employee’s claim of discrimination or harassment requires immediate action on the part of employers to satisfy the recommendations of the Equal Employment Opportunity Commission (EEOC). The EEOC strongly recommends that employers swiftly investigate and resolve employees’ complaints of workplace harassment and discrimination. If an employee lodges a complaint against a colleague or the employer itself, an investigation is a required step since courts have ruled that failure to investigate on the part of an employer is akin to discrimination.

Responsiveness to a complaint and an investigation will not only yield the best information and evidence, but it will also enhance both the investigator’s and employer’s credibility. Investigations can help the organization identify and resolve internal problems before they become widespread. Given that every complaint has the potential to become a lawsuit, employers should investigate every case in a manner in which it can be presented to a court of law, if necessary. As potentially disruptive as investigations can be, they must be prompt, thorough and effective to ensure all parties’ protection.    
 

What You will Learn

- Federal legislation requiring equal treatment of employees
- EEOC penalties levied against employers
- Quid-Pro-Quo harassment and Hostile Work Environments in 2024
- Best Practices for avoiding claims of sexual harassment in 2024
- Process of filing a charge with the EEOC in 2024
- How is sexual harassment defined?
- What harassment is NOT
- Determining if the harassment is severe or pervasive
- Sexual harassment red flags
- Process for employees to follow when filing a charge of discrimination with the EEOC and State/Local Agencies
- Common reasons employees state for not filing a claim
- Charges of retaliation and discrimination
- Formal complaints and the investigative process
- Functions of the EEOC
- Disparate treatment v. disparate impact
- Various forms of harassment and applicable court cases
- What employers can expect once a charge is filed
- Conciliation process
 

What We will Discuss

- Legislation regarding forced arbitration: Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act
- Mediation process
- EEOC determinations
- Front Pay in lieu of job reinstatement
- Tips when dealing with the EEOC
- Affirmative Action programs
- The cost of non-compliance in 2024
 

Who will Benefit

- Senior Leadership
- Managers
- Supervisors
- Project Team Leaders
- Human Resources Professionals
- Operations Professionals
- Recruiting Professionals
- Employees

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