In the RRHH Dive Mail Base series, we answer the questions of human resources professionals about all things. Do you have any questions? Send —Lo to [email protected].
Q: Our company received a letter from the United States Employment Opportunity Opportunity Commission that asked us to answer questions about our diversity, equity and inclusion programs. How should we answer?
A: The idea that a federal agency made this request was too real in March, when EEOC Acting President Andrea Lucas sent letters At 20 major law firms asking for details on aspects of their diversity writing programs, their contracting and payment practices and their use of affinity groups, only a few.
If entrepreneurs are at the end of the receipt of an EEOC -led EEOC investigation, they might want to share the letter with the legal lawyer, and, according to the scope of the application, ask the EEOC issuer on the legal basis of the application, Jason Tremblay, a member of Saul Ewing, said in an email.
This is because the EEOC authority to broadcast these letters to private companies is debatable, said Treblay. Former Democratic EEOC officials said a lot In a message to Lucas shortly after the news of the letters, pointing out that Title VII of the Civil Rights Law of 1964 “does not authorize the type of public information demand” requested by Lucas.
However, the current leadership of the agency argues that his applications are included in his research authority, and that the lack of response from a company could lead to EEOC initiating formal research, said Treblay.
“In view of the previous one, it is usually not a good tactic simply ignoring a warning or request from the government agency, including any request for Policy or Practice Information of the EEOC,” he continued.
By contacting the EEOC agent, an employer may have a legitimate basis for opposing or negotiating in order to reduce his reach, he said Tremlalay.
What should the process of gathering information?
The RRHH should start immediately by locating and acquiring all the requested information or, at least, identifying where each information is located, said Treblay, even if the organization decides not to respond to the EOO or decline to transmit the information.
The next step, he continued, is to investigate and argue with the legal lawyer the scope of any potential response. Tremplay noted the example of government audits, a category under which EEOC Dei letters could fall – where businessmen usually Adapt your answers as closely as possible.
“Given the significant and evolving legal aspects relevant to this matter, the legal lawyer should take the lead from any response to a EEOC letter or request for information,” said Treblay. “That said, the RRHH will be essential to gather, expose and provide the information and documents needed to respond.”
He added that since the HR is usually responsible for implementing DEI programs with respect to hiring, promotions, grants and similar areas, it is “absolutely critical” for human resources teams to participate in the process of formulating a response.
If the employer decides to produce documents or information at EEOC, Tremblay said he recommends that the employer provide some form of declaration of position or explanation of the position of his company programming. This statement may, for example, expose the legitimate and non -discriminatory reasons that the employer maintains these programs.
What should you say to employees?
If the EEOC March announcement is any indication of future events, the agency may issue a press release Public identification of employers to whom it sends requests for information. This proposes the possibility that employees will find out the application, creating another set of considerations.
EEOC encourages employees who observe good faith alleged incidents of illegitimate or discriminatory DEI programs to inform the agency, said Treblay. Entrepreneurs need to avoid creating a hostile work environment and knowing the potential retaliation problems with respect to EEOC workers, he added.
“You do not have to publish or announce the fact that the EEOC investigates the company or requests this DEI information,” he continued to shake. “However, if employees learn and/or consult, good practices would be to share the message with employees that the company is being a cooperative, that the company believes that it fully complies with applicable laws and that the company hopes that any employee who participates in the subject will be honest and cooperative.”
It may also be wise to advise employees that, if they are contacted directly by EEOC, it is their option to respond unless they are designated as the company’s spokesman, said Tremlalay. Entrepreneurs can also inform staff they can consult with RRHH if they have any questions and that the company will not participate or retaliate against any employee as a result of their EEOC communication.
