Attorney
The state and federal governments have agencies such as the EEOC and CHRO that enforce employment and labor laws. These agencies can take regulatory action against employers found to have violated the law through discrimination, workplace harassment, or retaliation. As a result, businesses should learn how to respond to EEOC and CHRO claims.
Understanding EEOC & CHRO Claims
Employees who believe they have suffered discrimination, retaliation, or other violations of their workers’ rights under state or federal law may file administrative complaints with the federal and state agencies tasked with investigating employment law claims. At the federal level, the U.S. Equal Employment Opportunity Commission handles most employment discrimination complaints under federal law. Connecticut’s Commission on Human Rights and Opportunities investigates employment discrimination that violates state law.
Common examples of EEOC & CHRO claims include:
- Discrimination claims, including age, race, national origin, color, religious belief, sex/gender, sexual orientation, and disability discrimination
- Retaliation claims, which may arise when an employer takes adverse action against a worker who exercises or attempts to exercise their employment law rights or who assists a fellow worker in exercising or vindicating their rights (such as by participating in regulatory investigations); employer retaliation also includes whistleblower retaliation, which involves retaliating against an employee who has complained of an unlawful or unethical practice by the employer
- Harassment/hostile work environment claims, which allege that harassing or discriminatory behavior in the workplace has become so severe or pervasive that no reasonable worker should endure it
The EEOC/CHRO complaint process involves several steps. First, a counselor from the agency will contact the complaining employee and their employer to resolve the issue informally. If the parties cannot reach a resolution, the employee can file a formal complaint, which triggers an investigation by the EEOC or CHRO. The agency will assign investigators to collect evidence and information that it can use to evaluate the validity of the employee’s claim. When the agency sustains the claim, it can order the employer to take corrective action, such as reinstating the employee to a prior position, adopting new corporate policies, or paying fines. However, suppose the agency declines to take action. In that case, it will issue a right-to-sue letter to the employee, authorizing them to file a discrimination/retaliation/harassment lawsuit against the employer.
Steps to Take When Your Company Receives a Claim
After your company receives notice of a worker’s EEOC or CHRO complaint, taking prompt action can help protect your business’s rights and options. Steps to take when your company receives a claim include:
- Acknowledge receipt of the complaint: When you receive a copy, you should confirm the deadlines for filing a response and notify relevant internal stakeholders, such as human resources and legal counsel.
- Review the allegations: Carefully review the complaint to understand the details of your employee’s allegations.
- Perform an internal investigation: Interview witnesses with relevant information and order a litigation hold to enable your company to collect evidence.
- Prepare the response: Work with your legal counsel and other stakeholders to prepare a thorough position statement refuting the complaint’s allegations with evidence and legal support.
Compliance and Litigation Prevention Strategies
Companies can reduce their risk of becoming the subject of an EEOC or CHRO complaint by following strategies such as:
- Developing and implementing anti-discrimination and anti-harassment strategies
- Conducting regular training for managers and employees to ensure they understand what conduct may violate discrimination/harassment and how to respond to discrimination and harassment encountered in the workplace
- Encouraging workers to file internal complaints about discrimination and harassment and having procedures in place to handle complaints appropriately
- Maintaining thorough documentation of employment actions, including hiring, promotion, and firing decisions
Contact Our Stratford Employment Law Attorney Today
If your business has received an EEOC or CHRO complaint, you need experienced legal guidance and advocacy to protect your reputation and interests. Contact Mitchell & Sheahan, P.C. today for an initial consultation with an employment law attorney to discuss your options for responding to an EEOC/CHRO claim.