Investigate and Resolve Discrimination Claims

The Civil Rights Act of 1964 was enacted to eliminate deeply entrenched patterns of employment discrimination against individuals because of their race, color, sex, religion, and national origin.  Three year later, age discrimination was prohibited with the passing of the Age Discrimination in Employment Act of 1967. It took another 23 years for individuals with disabilities to be protected by the Americans with Disabilities Act of 1990.

Since that time, many states have enacted their own laws prohibiting discrimination based on the federal protections, as well as, additional protections such as sexual orientation, marital status, political affiliation, matriculation, etc.  Forty-four years since the first laws recognizing and prohibiting discrimination it is evident that discriminatory employment practices have become more subtle and more difficult to identify and correct. 

When you receive an informal employee complaint or a formal charge of discrimination, it is critical that you immediately develop a strategy for conducting an investigation. You also want to advise the management team to treat the complainant fairly and objectively to avoid any retaliation claims. 

Workplace Dynamics can take on several roles to assist you in handling complaints or formal charges of discrimination.  We can advise you and direct your internal investigation or we can conduct a full investigation of the facts and allegations.  Since we have prior experience working for the Equal Employment Opportunity Commission, we know what it takes to defend a formal charge of discrimination and how to prepare your company’s position statement.

 
Ask Yourself
Does discrimination still occur in 2010?  That's a hard question to answer; however, we know that many people feel that they are a victim of discrimination.  For FY 2009, there were 93,277 charges filed with the EEOC. 

Monetary resolutions during the same period totaled $294.2 million, not including $82.1 million in monetary relief from litigation.    

In FY 2009, the majority of the charges were filed based on race (36%), retaliation (36%), gender (30%), age (24.4%), and disability (23%). 

Let's work together to make sure that your organization does not become part of these statistics!


Legal Case Settlements
October 2009 – EEOC announced a record breaking consent decree against Sears Roebuck & Company under The Americans with Disabilities Act (ADA) for $6.2 million and significant remedial relief.  The suit alleged that Sears maintained an inflexible workers' compensation exhaustion leave policy and terminated employees instead of providing them with reasonable accommodations for their disabilities. 
website design Jedi Marketing Concepts