Is Your Organization EEO Compliant for 2020?
The Equal Employment Opportunity Commission, or EEOC, is the federal agency tasked with employment discrimination and equal opportunity issues. The EEOC can bring lawsuits on behalf of victims of discrimination against employers in the workplace. Equal Employment Opportunity (EEOC) compliance is a critical body of specialized knowledge that all employers need to know.
The Equal Employment Opportunities Commission (EEOC) has guidelines for the hiring process. It is most important that your process have no adverse impact on any protected minorities. These groups include all women, all non-Caucasians and all people who are forty years of age or older.
In addition to EEOC Regulations, the Americans with Disabilities Act (ADA) states that you cannot ask any questions that might intentionally or unintentionally uncover any physical or mental disability.
Disaster Backup and Recovery Plan Policies and Procedures
Should include a Disaster Backup and Recovery plan to ensure the business can continue operations in the event of a disaster. This includes keeping the business running, recovering lost data, testing of backup procedures and replacement of equipment.
Policies and procedures should be implemented to include incident response. This information should be used to identify security incidents and how to respond. The security officer for the organization along with management should evaluate the effects of any incidents. Documentation of any incidents should be made along with the outcomes for the possible modification of the policies to prevent any further incidents.
Training of Workforce
Organizations should provide a training program to raise awareness of HIPAA rights. Every individual in the organization must be trained on a regular basis. Training should be provided to include employee awareness, password safeguarding and changing, workstation access, software use, virus and malware information and other mission critical operations.
Records and Information Access
Policies should define roles on who can have what access to programs and information. These policies should further define the roles in information technology of the IT personnel who have the rights to modify the access.
Audit mechanisms should be in place for all hardware, software and data control.
EEO Complaint Process
Anybody can file a complaint of discrimination based on race, color, religion, sex, national origin, age, disability, or reprisal. The complaint may arise from a specific personnel action, such as employment, promotion, work assignment, selection for training, disciplinary action, or separation, or it may relate to prevailing conditions in an organization.
A complaint of discrimination may be filed by any employee or group of employees. The aggrieved individual has the right to be represented at all stages of the process. EEOC prohibits workplace discrimination based on the following factors:
- National Origin
- Sexual Orientation
- Compensation Level
- Filed a Charge
If you feel that you have been discriminated against, get all the facts on the matter to make sure there has been no misunderstanding. Feel free to speak with your supervisor, administrative officer or personnel representative first.
If you are still dissatisfied and wish to utilize the EEOC complaint system, you must bring the matter to the attention of an EEO counselor within 45 calendar days of the occurrence of the alleged discriminatory act or effective date of the personnel action alleged to be discriminatory.
The EEOC counselor will listen to your problem, and advise you of your rights under the EEO complaint system. The counselor will make inquiry into the matter, if you wish, by discussing the problem with your supervisor, associates, personnel representative, etc. and will attempt to resolve the problem informally, acting always with your approval.
EEO Training Requirements
The Equal Employment Opportunity Commission (EEOC) requires that all current EEO Counselors and EEO Investigators must receive 8 hours minimum of training annually to stay abreast of updated EEO regulations.
New EEO Counselors and EEO Investigators must get 32 hours minimum of training before taking on EEOC counseling jobs.
EEOC training programs are designed to familiarize persons with Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA), which apply to all organizations with 15 or more employees. EEOC training also includes the Age Discrimination in Employment Act and the Equal Pay Act, which applies to businesses with 20 more employees.
EEOC training features both instruction and case studies that allow employees to handle and prevent problems related to discrimination. Workshops, seminars and other events usually provide an overview of EEO, affirmative action and diversity. Training allows participants to assess their own knowledge and skill in dealing with difficult situations.