Because KPA offers HR compliance consulting and HR software we monitor all of the lawsuits and settlements brought by the EEOC. Frankly it is rather depressing to me (as an HR professional and as a person) that 45 years after the EEOC was established there are still so many claims and settlements for discrimination, harassment and retaliation. My friends who are employment attorneys could not be more pleased that there seems to be a never ending source of revenue from employers who can’t be bothered with good HR practices UNTIL the lawsuit lands on their desk.
The latest discrimination and retaliation claim settled by a company involved in the transportation industry involves McGriff Industries. McGriff Industries settled the suit for $100,000 along with required activities involving implementing effective anti-discrimination policies and procedures, and training its employees, supervisors and managers on the prohibitions against racial misconduct in the workplace. The company will also be required to develop a system for reporting, investigating and addressing complaints of workplace racial misconduct; hold all employees accountable for engaging in it; and hold supervisors and managers accountable for tolerating or failing to address such misconduct.
Let’s review the 4 things employees really must do to ensure they are not next in the list of companies the EEOC has settled with in 2010.
1) When in doubt on the right thing to do - don’t do anything (don’t fire, don’t hire,) without consulting the experts (your attorney, a certified HR professional) and then listen to what they tell you.
2) Automate processes for hiring, performance management, training and termination with software so you have complete records, and forced compliance to best practices for essential HR process. With the multitude of HR software programs out there at every price point, some even specialized by industry, there is no excuse not to automate process and force compliance.
3) Establish policies and procedures for employees to report issues and concern- and respond to them (ethically, humanely and legally).
4) Train, train, train- never assume your managers and employees know what to do and more importantly what not to do to avoid harrassment, discrimination or retaliation.
Join the conversation: Are you sure your company would survive an EEOC audit?
For those employers required to complete an annual EEO-1 report the deadline is fast approaching and September 30th will be here before you know it. Any employer with 100 or more employees or those employers who are federal contractors or subcontractors must file the report. Gathering the required information can take some time if you are not using HR software with EEO (Equal Employment Opportunity) reporting functionality, so don’t delay in getting started. 
