Checklist: Developing an Equal Employment Opportunity Commission (EEOC) compliant policy (USA)

Updated as of: 15 July 2025

This checklist will assist in-house counsel, private practice lawyers, and human resource departments with developing an Equal Employment Opportunity Commission (EEOC) compliant policy.

This checklist addresses the following steps:

  1. Understand the EEOC
  2. Develop an EEOC-compliant anti-discrimination policy
  3. Develop an EEOC-complaint anti-harassment section
  4. Include language relating to the enforcement of the policy

The checklist is presented as a list of requirements that employers can check off as they are addressed. At the end of the checklist, there are explanatory notes corresponding with each step.

For further information on this topic see How-to guides: Overview of US employment law and How to draft the key provisions of an employee handbook and Checklist: Responding to an Equal Employment Opportunity Commission (EEOC) charge.

Step 1 – Understand the Equal Employment Opportunity Commission (EEOC)

No.Requirement
1.1Understand the purpose of the EEOC
1.2Understand the federal laws enforced by the EEOC
1.3Understand EEOC guidance relating to employment discrimination
1.4Understand the EEOC’s enforcement regime

Step 2 – Develop an EEOC-compliant anti-discrimination policy

No.Requirement
2.1Ensure the organization has an anti-discrimination policy
2.2Check that the organization’s policy provides a clear definition of unlawful discrimination
2.3Check that the organization’s policy provides examples of unlawful discrimination

Step 3 – Develop an EEOC-compliant anti-harassment section

No.Requirement
3.1Ensure the organization’s policy has an anti-harassment section
3.2Check that the organization’s policy clearly defines unlawful harassment
3.3Check that the organization’s policy provides examples of unlawful harassment
3.4Check that the organization’s policy addresses non-sexual harassment

Step 4 – Include policy language relating to enforcement

No.Requirement
4.1Ensure that the policy emphasizes the organization’s commitment to EEOC compliance
4.2Check that the policy clearly describes the organization’s efforts to prevent and correct violative conduct
4.3Check that the policy clearly describes the procedure for filing a complaint
4.4Check that the policy provides assurances that the organization will ensure the confidentiality of the parties involved throughout the complaint process
4.5Check that the policy clearly describes the complaint investigation and resolution process
4.6Check that the policy provides assurances that individuals who file or otherwise participate in the complaint process are protected from retaliation
4.7Check that the policy clearly outlines the types of disciplinary actions that may result from violative conduct

General notes

While there is no legal requirement for organizations to have an EEOC-compliant policy in place, a robust EEOC-compliant employment policy can help organizations prevent violations of EEOC-enforced laws and may provide a legal defense to certain employment-related claims.

Legal framework

The United States has a number of federal laws that prohibit discrimination, harassment, and retaliation in the workplace. The EEOC enforces US anti-discrimination laws.

This checklist provides best practice guidance for organizations to follow when developing and maintaining an EEOC-complaint policy. Although this checklist focuses on EEOC-enforced laws impacting the private sector, when developing a policy, organizations should also consider and address local and state laws which in some cases may provide additional or stricter requirements.

Key among the federal statutes are Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), and national origin; the Age Discrimination in Employment Act (ADEA), protecting individuals aged 40 and older; the Americans with Disabilities Act (ADA), prohibiting discrimination against individuals with disabilities; and the Equal Pay Act (EPA), addressing wage discrimination based on sex. Organizations must ensure their policies comprehensively cover these and other relevant federal, state, and local protections to foster an inclusive and legally compliant work environment.

Key considerations

It is helpful for those within an organization who are developing an EEOC-compliant policy to have a basic understanding of the EEOC-enforced laws that apply to the organization, so that corresponding policy sections can be developed. Organizations should include policy sections prohibiting discrimination, harassment, and retaliation and also explain what these mean, as well as addressing how complaints can be made and how they are investigated on behalf of the organization. Use clear language in the policies and sufficient detail.

Organizations should take proactive measures to ensure that the policy is complied with and also that it is reviewed and updated periodically. Staff training and monitoring are essential to ensure the policy is effective.

Step 1 – Understand the Equal Employment Opportunity Commission (EEOC)

1.1 Understand the purpose of the EEOC

The EEOC is a federal agency responsible for enforcing US federal employment discrimination laws.

1.1.1 EEOC mission and duties

The EEOC’s stated mission is to ‘prevent and remedy unlawful employment discrimination and advance equal opportunity for all in the workplace.’

Most laws enforced by the EEOC apply to employers with at least 15 employees. The EEOC carries out its enforcement duties through the investigation of claims, settlement efforts, and, when appropriate, filing suits against violators.

1.1.2 Strategic objectives of the EEOC

Every four years the EEOC is required to develop and publicly post a Strategic Plan including its objectives. The current Strategic Plan covers fiscal years 2022 to 2026. The EEOC also publishes a separate Strategic Enforcement Plan (SEP), which highlights its organizational priorities for meeting its strategic goals. The EEOC’s overarching strategic goals are:

  • to combat and prevent employment discrimination through the strategic application of the EEOC’s law enforcement authorities;
  • to prevent employment discrimination and promote inclusive workplaces through education and outreach; and
  • to uphold organizational excellence.

The SEP is particularly helpful to use for organizations to prioritize implementation of their anti-discrimination compliance efforts. The current SEP covers fiscal years 2024 to 2028.

1.2 Understand federal laws enforced by the EEOC

The federal laws enforced by the EEOC are listed below.

1.2.1 Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964, 42 USC section 2000e, et seq. (‘Title VII’), prohibits employment discrimination based on race, color, religion, sex (including sexual orientation), or national origin. It applies to employers that have 15 or more employees for each working day in each of twenty or more calendar weeks.

In the EEOC’s 2023 fiscal year, 64% of the lawsuits filed by the EEOC invoked Title VII, and nearly 40% of the lawsuits filed were brought based on retaliation. These percentages remained relatively consistent in the EEOC’s 2024 fiscal year, where 59.5% contained Title VII claims and 38.7% involved retaliation.

1.2.2 Titles I and V of the Americans with Disabilities Act of 1990

Titles I and V of the Americans with Disabilities Act (ADA), prohibit employers from discriminating against qualified individuals with disabilities in the employment relationship including hiring, compensation, and termination, and in relation to other terms, conditions, and privileges of employment. The ADA applies to employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

1.2.3 The Equal Pay Act of 1963

The Equal Pay Act (EPA) prohibits employers from paying employees of one sex less than they pay employees of the opposite sex for equivalent work. It is often summarized colloquially as requiring ‘equal pay for equal work.’ The EPA applies to all employers who are subject to the Fair Labor Standards Act (FLSA).

1.2.4 The Age Discrimination in Employment Act of 1967

The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against persons 40 years or older on the basis of age in employment-related decisions such as hiring, promotion, and termination. The ADEA applies to employers who had 20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

1.2.5 The Pregnancy Discrimination Act of 1978

The Pregnancy Discrimination Act of 1978, 42 USC section 2000e(k), (PDA) amended Title VII to clarify that pregnancy discrimination is considered sex discrimination under Title VII. The law prohibits employment discrimination based on current pregnancy, past pregnancy, potential or intended pregnancy, or medical conditions related to pregnancy or childbirth.

1.2.6 Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023 and final regulations to implement the Act were issued on April 15, 2024 (see Federal Register: Implementation of the Pregnant Workers Fairness Act). The EEOC has issued a summary of the final regulation that went into effect on June 18, 2024 (see EEOC webpage: Summary of Key Provisions of EEOC’s Final Rule to Implement the Pregnant Workers Fairness Act (PWFA)). The PWFA is designed to apply only to reasonable accommodations for pregnant workers, while other laws and regulations apply to other discriminatory acts by employers. To the extent any federal, state, or local laws are more restrictive they would override application of the PWFA.

1.2.7 Title II of the Genetic Information Nondiscrimination Act of 2008

Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers from using employees’ genetic information in making employment-related decisions such as hiring, promotion, and firing. It applies to employers that have 15 or more employees for each working day in each of 20 or more calendar weeks.

Genetic information includes an individual's genetic tests, the genetic tests of family members, and the manifestation of a disease or disorder in family members (eg, family medical history). GINA also prohibits employers from requesting, requiring, or purchasing genetic information about employees or their family members, with very limited exceptions. This protection is crucial for preventing discrimination based on predispositions to certain medical conditions, ensuring that individuals are judged on their abilities and qualifications rather than their genetic makeup.

1.2.8 Rehabilitation Act of 1973

The Rehabilitation Act of 1973, 29 USC 791 et seq., prohibits discrimination on the basis of disability in federal employment and in the employment practices of federal contractors. The Act also prohibits discrimination in programs conducted by federal agencies or in programs receiving federal financial assistance.

Sections 501 and 505 of the Rehabilitation Act are particularly relevant, as they prohibit federal agencies from discriminating against qualified individuals with disabilities and require those agencies to take steps to employ individuals with disabilities and to give them opportunities to advance in employment. Section 504 of the Rehabilitation Act extends this prohibition to programs and activities other than federal agencies that receive federal financial assistances.

1.2.9 Intersection of EEOC laws and abortion laws

Organizations should keep abreast of news regarding the intersection of employment discrimination laws and abortion laws following Dobbs v Jackson Women’s Health Organization, 597 US 215 (2022), which overturned Roe v Wade, 410 US 113 (1973), and held that there is no federal constitutional impediment to states enacting laws that prohibit or restrict abortion. The changes in the legal environment for abortions may have impacts in the employment space. For example, state laws prohibiting aiding a woman in obtaining an abortion could be read as prohibiting employers from granting time off to a woman who wishes to travel out of state to obtain an abortion. State laws could also restrict the ability of employers to offer medical or health insurance coverage that would cover an abortion or certain types of birth control.

The intersection of the PDA and abortion laws is just one example of the potential impact of the changes in the legal environment. This is a rapidly developing area of law.

1.3 Understand EEOC guidance relating to employment discrimination

There are a number of ways in which the EEOC provides support to employers, in an effort to help organizations avoid discrimination before it occurs.

1.3.1 Technical assistance and training

The EEOC provides outreach and education programs. Interested organizations should reach out to their regional program coordinators to inquire about the availability of relevant training programs. The EEOC also provides small-business focused assistance through field office small business liaisons.

1.3.2 Guidance documents and other resources

The EEOC offers a wealth of resources for employers on its website, www.eeoc.gov. The following resources are particularly useful in assisting organizations and their counsel in understanding the EEOC’s position and approaches to enforcing the employment laws within its authority:

  • EEOC Publications provide general explanations and answers to frequently asked questions sorted by topic;
  • EEOC Subregulatory Guidance provides the agency’s official policies regarding application of the laws it enforces, including how those policies apply in specific workplace situations; and
  • EEOC Opinion Letters set out the EEOC’s official positions in response to questions it receives from the public.

1.4 Understand the EEOC’s enforcement regime

The EEOC has both private sector and federal public sector enforcement programs.

1.4.1 Private versus federal sectors

In the federal sector, federal agencies conduct their own investigations into complaints of employment violations. In the private sector, the EEOC has a more comprehensive enforcement role that includes investigating complaints of employment violations. The following subsections elaborate on the EEOC’s enforcement regime in the private sector.

1.4.2 Administrative process

The EEOC provides an administrative complaint process for the resolution of employment discrimination complaints, including claims that the employer or other employees retaliated against the complainant, or against another employee who supported their complaint. Generally, employees must use and ‘exhaust’ their administrative remedies before they can file a lawsuit alleging federal employment law violations within the EEOC’s authority. In limited circumstances, most notably in certain Equal Pay Act claims and age discrimination claims, it may be possible to skip the administrative complaint process. If an employee fails to timely exhaust their administrative remedies, an employer should promptly assert that affirmative defense or risk waiving it. See Fort Bend County v. Davis, 587 US 541 (2019).

Investigation

The EEOC administrative process begins when an employee files an employment discrimination complaint, or ‘charge,’ with their regional EEOC office. There are strict timelines for when employees can file their charge. As a general rule, an employee must file their complaint within 180 calendar days from the date on which the discriminatory act took place. The filing of the charge prompts the EEOC to investigate it. Following its investigation, it will notify the complainant of its findings.

If the EEOC finds no cause for an employment violation, it will send the complainant a ‘Dismissal and Notice of Rights’ letter. If it finds cause exists, it will send a ‘Letter of Determination’ which provides the option of conciliation.

Conciliation

Conciliation is a voluntary mediation-like process where an EEOC representative attempts, like a mediator, to facilitate a mutually agreeable settlement between the parties (ie, an employee and employer).

If both parties agree to conciliation, the EEOC will attempt to facilitate an agreement between them. Conciliation is strongly encouraged under EEOC rules and guidance. However, it is ultimately up to the parties whether to engage in conciliation and reach a settlement.

1.4.3 Litigation process

Regardless of the outcome of any EEOC investigation, an employee complainant may transition their claim to court:

  • within 90 days of receiving a decision on the charge from the EEOC; or
  • after 180 days have passed since filing the charge if no decision has been issued and no appeal has been filed, or since filing an appeal with no decision from the EEOC.

1.4.4 Mediation

In lieu of the traditional EEOC administrative investigation process, the parties may agree to engage in mediation at any stage during the proceedings. Mediation often results in a quicker resolution of a matter.

For further information see Checklist: Responding to an Equal Employment Opportunity Commission (EEOC) charge.

Step 2 – Develop an EEOC-compliant anti-discrimination policy

An EEOC-compliant anti-discrimination policy will help an organization accomplish two things. First, a policy will help reduce – if not eliminate – anti-discrimination complaints from employees. Second, in the event a complaint is made, an EEOC-compliant policy will show that the organization is operating in good faith and does not condone acts by individual employees.

A failure to have a policy in place, while not itself a violation of anti-discrimination laws, can be used as evidence against an employer. For example, an employer has an affirmative defense to hostile environment workplace harassment claims if the employer can show that it exercised reasonable care to prevent and correct any harassing behavior and that the employee unreasonably failed to take advantage of the preventive or corrective opportunities that the employer provided. An employer that does not have a policy in place will likely be unable to avail itself of this defense.

When developing or revising a policy, it is essential to be aware of recent pronouncements from the EEOC regarding initiatives related to Diversity, Equity, and Inclusion (DEI). The EEOC, reflecting the positions of the Trump administration as set out in Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, will regard DEI initiatives as possibly constituting unlawful race or sex discrimination. For detailed information on current EEOC policies in this regard, see the EEOC publications What You Should Know About DEI-Related Discrimination at Work and What To Do If You Experience Discrimination Related to DEI at Work.

2.1 Ensure the organization has an anti-discrimination policy

All organizations should have an anti-discrimination policy that prohibits unlawful discrimination in the workplace. Review existing policies to ensure consistency with EEOC- enforced laws.

The EEOC recommends that employers include a statement that expressly prohibits discrimination on the basis of criteria and classes protected under EEOC-enforced laws. For example:

[Employer name] does not discriminate or permit discrimination on the basis of race, age, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, or genetic information (including family medical history), or any other basis protected by law. Such discrimination will not be tolerated.

While this checklist focuses on federal employment law enforced by the EEOC, it is also important to consider other federal and state laws when developing an organization’s anti-discrimination policy. For example, federal ADEA prohibits only discriminating against those 40 or older, but many state laws protect age discrimination at any age so a policy in such a state should not include a ‘40 or older’ limitation. Employers should be aware of state and local laws that expand the classes of people against whom discrimination is prohibited. For example, 27 states and the District of Columbia, as well as several municipalities, prohibit discrimination in employment based on an employee’s hairstyle. Federal law contains no such prohibition.

The EEOC’s tips for general non-discrimination policies provide additional guidance for organizations writing or reviewing their anti-discrimination policies.

2.2 Check that the organization’s policy provides a clear definition of unlawful discrimination

Anti-discrimination policies should define unlawful discrimination. Here is some sample wording:

It is discrimination to base any decision regarding the terms or conditions of employment on an employee’s race, ethnicity, religion, color, sex, age, national origin, sexual orientation, disability, gender identity or expression, ancestry, pregnancy, or any other characteristic protected by law.

2.3 Check that the organization’s policy provides examples of unlawful discrimination

The EEOC also recommends including examples of prohibited conduct as part of an anti-discrimination policy. The EEOC’s Prohibited Employment Policies/Practices is a good resource for examples of unlawful discrimination. One example from this resource is, ‘It is unlawful discrimination to show a preference for a particular sex in a job posting.’ Other examples could include:

  • assigning all employees of a certain ethnicity to the same area;
  • providing men with larger bonuses than women for comparable performance; or
  • ‘teasing’ employees for their accent.

When developing examples, organizations should consider any past issues that have arisen or types of discrimination that may be likely to occur given the nature of the work environment, and tailor examples accordingly.

The language used in the policy should make it clear that the examples are not exhaustive, for example, by beginning a list of examples with, ‘Discrimination includes but is not limited to . . . .’

Step 3 – Develop an EEOC-compliant anti-harassment section

Employers should ensure that any anti-discrimination policy that is put in place has a separate section covering anti-harassment.

3.1 Ensure the organization’s policy has an anti-harassment section

Harassment based on a person’s membership of a protected class is workplace discrimination. An anti-discrimination policy should include an anti-harassment section that prohibits harassment in the workplace. Review existing policies to ensure consistency with EEOC-enforced laws.

The EEOC recommends that employers include a statement that expressly prohibits harassment. Here is some sample wording:

Harassment on the basis of an employee’s race, age, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, or genetic information (including family medical history), or any other basis protected by law is strictly prohibited and will not be tolerated.

While this checklist focuses on federal employment law enforced by the EEOC, it is also important to consider and incorporate other relevant federal or state laws when developing the anti-harassment section of the policy.

The EEOC’s tips for anti-harassment policies provide additional guidance for organizations writing or reviewing the anti-harassment section of their policy.

3.2 Check that the organization’s policy clearly defines unlawful harassment

The policy should define both harassment generally and sexual harassment. An example of such a definition is as follows:

Harassment is unwelcome verbal or non-verbal conduct, based upon a person’s protected characteristic, that denigrates or shows hostility or aversion toward the person because of the characteristic, and which affects the person’s employment opportunities or benefits, has the purpose or effect of unreasonably interfering with the person’s work performance, or has the purpose or effect of creating an intimidating, hostile, or offensive working environment.

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal, visual or physical conduct of a sexual nature, when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

Sexual harassment can be based on sex and/or gender. Sexual harassment is not limited to conduct motivated by sexual attraction or desire.

It is advisable to note that harassment is not based on subjective belief, for example by adding the words, ‘Whether or not the person meant to give offense or believed his or her comments or conduct were welcome is not significant.’

When developing harassment definitions, it may be useful to review the EEOC’s definitions, in particular, the EEOC Harassment page and the Enforcement Guidance on Harassment in the Workplace. Employers should be cautious about strict compliance with the guidance of either of these documents. The EEOC is currently reviewing the information on the Harassment page ‘for compliance with the law and executive orders and [the information on the page] will be revised.’ Furthermore, on May 15, 2025, a federal court declared unlawful and vacated portions of Enforcement Guidance as contrary to law (see Texas, et al. v. EEOC, 2:24-CV-173 (N.D. Tex. May 15, 2025) (Kacsmaryk, J)). In that case, the court concluded that that the Guidance contravened the ‘plain text’ of Title VII of the Civil Rights Act ‘by expanding the scope of “sex” beyond the biological binary.’ The court further determined that the Guidance ‘contravene[d] Title VII by defining discriminatory harassment to include failure to accommodate a transgender employee’s bathroom, pronoun, and dress preferences.’ The court’s vacatur of those portions of the Guidance applies nationwide, not just to the parties in the case. The EEOC ‘continues to review to ensure full compliance with the court order.’

3.3 Check that the organization’s policy provides examples of unlawful harassment

The EEOC also recommends including examples of prohibited conduct as part of an anti-harassment policy section. Some examples of harassment include:

  • racial epithets, slurs, or negative stereotyping based on national origin;
  • aversion toward an individual or group based on their protected characteristic; and
  • offensive jokes made verbally, over company email, or by posting materials in the workplace.

Some examples of sexual harassment include:

  • threats and adverse conduct after sexual advances have been denied;
  • relentless sexual and dating propositions;
  • sexually oriented jokes, epithets, slurs, or derogatory comments;
  • directly or implicitly offering employment advances in exchange for sexual favors;
  • directly or implicitly threatening adverse employment action if sexual favors are not granted; and
  • physical acts of sexual assault and battery.

Employment policies typically include more extensive examples for unlawful harassment than for unlawful discrimination because it can be more nuanced and confusing for employees.

3.4 Check that the organization’s policy addresses non-sexual harassment

A common mistake is for organizations to address only sexual harassment in their policies. Instead, organizations should be sure to address all types of unlawful harassment, including harassment based on ethnicity or religious preferences.

Step 4 – Include policy language relating to enforcement

As well as the provisions that define discrimination and harassment that are outlined above, the anti-discrimination policy should include information relating to preventing, correcting and investigating potential breaches.

4.1 Ensure that the policy emphasizes the organization’s commitment to EEOC compliance

Most policies explicitly state that an employer is committed to compliance with equal employment opportunity laws and promoting equal opportunities in employment. The specific policies related to enforcement demonstrate one of the key ways an organization carries out this commitment.

4.2 Check that the policy clearly describes the organization’s efforts to prevent and correct violative conduct

There are a number of ways in which employers can seek to prevent and correct policy breaches.

4.2.1 Consistency in selection criteria and job-related standards

Disparate treatment is a common theory of discrimination in employment discrimination lawsuits (see EEOC webpage: CM-604 Theories of Discrimination). Having and enforcing policies that require consistency in the treatment of all applicants and employees can help employers avoid such claims.

4.2.2 Ongoing training

Ongoing training is essential for an effective compliance program and is required under some state laws. On its website the EEOC provides tips for conducting discrimination training (see EEOC webpage: Employee Training Tips). Under this guidance, training should at a minimum:

  • reiterate what conduct is prohibited;
  • ensure employees understand the prohibitions;
  • explain applicable policies and procedures for filing complaints and asking questions;
  • assure employees that their identity will be protected and they will not suffer retaliation for reporting; and
  • detail the discipline that will be taken for violations.

Training should be conducted annually, or within the timeframe required by state law, if shorter.

4.2.3 Monitoring and self-analysis

Organizations should incorporate mechanisms for monitoring and analysis of compliance into policies. Organizations that catch and correct issues may avoid or limit liability.

4.3 Check that the policy clearly describes the procedure for filing a complaint

Policies should explain clearly how employees can report discrimination and harassment, including the person or office to whom the complaints should be made. They should also describe who is required to make complaints. For example, managers and supervisors are often required to report any violative conduct they witness or become aware of.

Policies should include multiple avenues for making complaints. This is to ensure that complainants are not required to report the issues to the perpetrating employee as this would undermine the effectiveness of the enforcement system.

It is usually better to designate the personnel by position rather than name to avoid frequent updates (eg, ‘Report to your manager’ instead of ‘Report to Jane Smith').

4.4 Check that the policy provides assurances that the organization will ensure the confidentiality of the parties involved throughout the complaint process

Effective policies assure employees that their confidentiality will be maintained to the extent it is possible to do so. They also include policies that require those involved in the investigation process to keep information and identities confidential.

4.5 Check that the policy clearly describes the complaint investigation and resolution process

The policy should explain the investigation and resolution process for employees who believe that they have been subject to unlawful conduct. It should, at a minimum, include the key points listed below.

  • Clear procedures – the policy should clearly explain how the complaint investigations and resolution process works so that employees have a clear understanding of what to expect.
  • Timeliness – the policy should require prompt investigation of any complaints. Organizations may choose to include specific timeline requirements for various stages of the investigation and resolution process.
  • Separation of parties – the policy should require immediate separation of the alleged victim and perpetrator during the investigation to ensure that unlawful conduct does not continue during the pendency of the investigation.
  • Independent investigation – the procedures should provide for investigation by impartial persons who are not involved in the underlying incidents. For example, alleged perpetrators should have no involvement in investigating the claims or rendering a decision on the claims.

The EEOC provides additional information and guidance in Handling Internal Discrimination Complaints About Disciplinary Action.

4.6 Check that the policy provides assurances that individuals who file or otherwise participate in the complaint process are protected from retaliation

Policies should include strong affirmation that employees will not be subject to retaliation for making discrimination complaints. Policies should also prohibit retaliation against an employee who engages in protected activities. Protected activities include making a complaint about discrimination, rejecting a co-worker’s or superior’s sexual advances, requesting an employment-related accommodation for a disability, and participating in or cooperating with employment discrimination investigations.

4.7 Check that the policy clearly outlines the types of disciplinary actions that may result from violative conduct

The policy should include a clear statement that employees who violate the organization’s equal employment and anti-discrimination policies, including the policies against discrimination, harassment, and retaliation, will be subject to discipline.

An effective policy will not only state that disciplinary action will occur but should also provide examples of the range of potential consequences that may result from violations. These consequences could include warnings (verbal or written), mandatory training, suspension without pay, demotion, or termination of employment. Providing a clear outline of these potential actions helps to manage employee expectations and will underscore the importance of adhering to the policies. Management will also have a transparent framework to follow when addressing violations, which promotes consistency and fairness in enforcement.

Additional resources:

EEOC – www.eeoc.gov

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Reliance on information posted:

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