Change To EEOC Procedures Highlights Need For Training

Volume: 21 | Issue: 19
March 30, 2022

KZA has recently learned that the U.S. Equal Employment Opportunity Commission (EEOC) has changed its investigation procedures for discrimination charges. The EEOC will now ask an employer to respond to a request for information before the employer provides a position statement in response to a charge of discrimination. Such a request is likely to be issued to the employer immediately after either mediation is declined or mediation fails.

The EEOC states that this request for information is intended to expedite investigations by gathering “standard information” from the employer, such as type of business and number of employees. However, the EEOC also plans to ask for the complete personnel file and the contents of the employer’s EEO training for non-managers and managers.

This new procedure highlights the importance of regular training for employees and supervisors on EEO topics such as discrimination, retaliation and harassment. Strong policies against discrimination paired with regular training are critical both to an employer’s defense of a charge and/or a lawsuit and to the strength of the employer’s anti-discrimination efforts.

KZA’s attorneys can assist you by conducting training (live or virtual) for your employees and supervisors or helping you develop a training program. If you need assistance with EEO training or would like to discuss the importance of such training, please contact a KZA attorney. 

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.

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