Tips for avoiding EO complaints, actions

  • Published
  • By Rex Jones
  • 21st Equal Opportunity Office
Six months ago I attended the "Examining Conflicts in Employment Law" conference in Chicago. As with most functions, I expected to find some productive sessions and a few that were just boring! In the name of time management, I wrote this while at a session similar to the latter.

Anyway, if you are reading this article because the headline caught your attention, I have some good news and some bad. First, the good news; there are steps we can take to minimize "being named" in a complaint. However (now for, the bad news) we cannot completely avoid it.

Nevertheless, I want to mention a few areas that have been significant factors in some of our recent complaints. And, I'd like to give some "food for thought" to minimize the odds of being named in any future complaint:

EEO Training: This is vital. If you are a supervisor and haven't had it....demand it! Then ensure your staff takes this training as well. As a side note, I'm available to provide EO training if necessary.

Communication: Most EO issues are almost always related to poor communication. With that said, talk to your employees and give them a forum to voice their concerns. If not, they might conclude that EO is their only recourse. And, if you can't personally help them with their issues, refer them to the person or agency that can assist.

Avoid favoritism: Take timely, consistent and appropriate disciplinary action when applicable. Do not condone inappropriate behaviors by one employee and take action for similar behavior of another employee.

Awards: Stick to the criteria and regulations when compiling awards packages.

Provide reasonable accommodations when appropriate: Yes, this may place some burden on your part but, if this "burden" takes away a workplace issue or concern, it certainly will be worth it in the long run.

Do not retaliate: The fact is that employees are protected when filing a complaint, testifying in a workplace matter or acting as a representative for another employee. Retaliation is often a stronger case then the original EO concern(s) - and often easier to win. Again, stay clear of reprisal.

In the end, these tidbits are not "fool proof." On the other hand, by taking such an active role with your employees, we are likely to resolve many of these issues at the most appropriate level as opposed to meeting with me at the formal stage.