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If an employer refuses to cooperate with an EEOC investigation, EEOC can issue an administrative subpoena to obtain documents, testimony or gain access to facilities.
Often employers will feel confused, angry, or afraid upon receiving the EEOC complaint. While it seems like there is no upside to being investigated by a federal agency, the first stage of the process is simply an investigation.
To comply with EEO requirements, you must treat all people fairly regardless of national origin, race, religion, color, sex (including pregnancy and sexual orientation), disability or genetic information.
If the EEOC discovers that an employer or a charging party has lied during the course of an investigation, that fact may influence the investigation's outcome. It may also affect the outcome of litigation or may be used at trial to discredit a witness.
The EEO principles aim to: ensure that staff are selected for positions on merit; provide equitable access to employment, professional development and workplace participation for people who are under-represented in our workforce; and ensure that workplaces are free from all forms of unlawful discrimination and
The employer must send a letter to the EEOC with the name of the legal representative who will handle the situation and respond to requests. Once this letter is received, the EEOC will launch a formal investigation. By acknowledging the charge, the employer does not admit guilt.
There are four kinds of unfair and unlawful behavior that are important for equal employment opportunity: Discrimination including both direct and indirect discrimination. Sexual harassment. Unlawful adverse action.
What happens when the EEOC determines that an employer is guilty? This depends on the nature of the complaint, but may include paying back wages, reinstating their job, or giving them a promotion. In addition, employers will be required to pay the complainants' court and legal fees.
The law requires an employer to post a notice describing the Federal laws prohibiting job discrimination based on race, color, sex, national origin, religion, age, equal pay, disability or genetic information.
We ask that you provide a response within 20 days from the date you receive it. For more information, see EEOC Procedures for Respondent Position Statements. We may also ask the employer to answer questions we have about the claims in your charge.