The Equal Employment Opportunity Commission reports receiving more than 73,000 new discrimination claims in their fiscal year 2022—nearly a 20% increase over FY 2021. They also handled 18% more calls and 32% more emails from the public than FY 2021. 1
Whoa.
Those are scary numbers, but you don’t need to be scared. You need to be prepared with the right approach and the right tools.
I remember a client who had a terminated employee file an EEOC claim of sex and gender discrimination. When our client called in a panic, HR Resolutions had them take a breath and we got to work.
The terminated employee sought damages exceeding $180,000 – more than three times her salary! As we helped the client prepare for mediation, we worked diligently to discover what had occurred during the termination, gather all relevant paperwork, and give the client insight as to what to expect during mediation.
Here are three tools to help you be prepared should you ever be confronted with an EEOC claim.
Be direct. During mediation, the client had to admit to being vague during the act of termination. The client was uncomfortable being direct and saying, “You’re fired.” Here’s the thing: You can and should be direct when terminating an employee. No, it’s usually not easy to terminate an employee, but it’s best to be very clear about what is happening and why.
Be prepared. Document, document, document. The best way to defend yourself is to present all relevant documentation regarding the employee’s performance, including the employee’s performance improvement plan and any follow-up communication. If you aren’t documenting all key events—particularly performance reviews and discipline—you could be hurting if the time comes to defend yourself. Remember: Email communications count as documentation!
Be professional. Stay composed, stick to the facts, and refuse to become emotional. EEOC mediation can be intense. You will serve yourself well to maintain your cool at all times.
Because the client had implemented good disciplinary and review practices and had kept excellent documentation, the client and terminated employee settled for $28,000. A fraction of the original ask! The mediator found the employee had ample notice to change, correct, and improve and chose not to do so.
The client succeeded in this case because they had a written documentation process in place to support their actions. Was it perfect? No! But the client took advantage of this unfortunate experience to review and amend their termination procedures.
Missteps in documentation and termination procedures can be costly! Do you have solid systems in place for hiring, documenting, and terminating employees? If so, it may be time for a review. If not, HR Resolutions has the expertise and perspective to help you develop and customize systems that will work for you.
Consider StartHR™, a three-step program designed to help you establish a more efficient and productive workplace. Let’s get started.
1. https://www.eeoc.gov/newsroom/eeoc-releases-annual-performance-report-fiscal-year-2022#:~:text=In%20FY%202022%2C%20the%20agency,to%20the%20previous%20fiscal%20year.
