EEOC complaints: quick action mitigates damages.

• Author: Brown, Andy
• Position: HR MATTERS

It doesn't matter how great a supervisor, manager or owner you may be, no company is immune from complaints. They can be filed against anyone at anytime. In 2008, more than 95,000 claims were filed with the federal Equal Employment Opportunity Commission, up 10 percent from 2007, a decade-long upward trend. I expect the numbers to go even higher in the current economic climate. With news like this, the big question is: "What do you do if a complaint is filed against you and your company?"

First, don't panic. A complaint is merely that, a complaint; it may or may not be legitimate. Some complaints are made simply out of spite or malice, others are genuine. The process used by the EEOC is in place to sort out which is which. What you cannot do is ignore the complaint. Take action quickly. Follow these steps as soon as you become aware a complaint has been filed.

* 1. Call your lawyer. Although many EEOC complaints can be handled internally, they should always be reviewed by an attorney. Discuss who will be responsible for responding to the complaint, who will review documents and who will sign off on the position statement. Additionally, use the discussion to determine who in the organization needs to know the process.

* 2. Do not admit anything. You may be tempted to provide an excuse or additional information when the complaint first arrives--don't. Simply acknowledge you have received the complaint and that you will review it. A full and honest response requires a full understanding of all the facts and a complete meaning of all allegations.

* 3. Do not make impulsive actions. Just as you do not want to make any statements when the complaint is first received, you do not want to make any rash decisions. If the complainant is still an employee, ensure a plan is in place to protect the individual from retaliation. Retaliation claims are the highest percentage of all complaints filed. If the complainant is no longer with the company, you may be able to find out what the EEOC official thinks would settle the claim early. Offering a former employee a job back might be a solution or at least stop the clock on potential back-pay awards.

* 4. Ensure you include reviews of post-complaint personnel actions, Many times, an employer may have already planned adverse action against an employee before they received the complaint. Have your attorney review this to ensure it is not retaliatory. Your attorney may advise you to postpone the action or have a...