EEO Regulations, Compliance Laws and General Information
The EEOC dictates that employers should ensure that "prompt, thorough, and impartial" investigations are conducted when complaints are made. Impartial investigations are more readily attained by independent consultants who do not have personal or professional relationships with the complainants, witnesses, and the accused. Further, an independent consultant does not have a vested interest in a favorable outcome, and is often perceived as detached and neutral by the employees and the EEOC. Internal personnel typically have many other duties that are extraneous to the exhaustive discrimination complaint process, and they simply need a third party consultant to conduct investigations. Many companies do not have qualified internal human resources or legal personnel to investigate alleged civil rights violations, and those that do are typically inundated with complaints. Outsourcing to competent consultants solves both problems.
According to the EEOC guidelines, "The employer should ensure that the individual who conducts the investigation will objectively gather and consider the relevant facts." Objectivity is imperative to discrimination investigations, especially in harassment cases where witnesses must be asked proper questions and credibility must be weighed. Many employers and employees are concerned that internal personnel are too familiar with the employees and the complaint circumstances to be truly objective. This potential objectivity dilemma, whether actual or perceived by employees, the EEOC, or federal and state court judges, should never be applicable to independent consultants who report the facts.
The EEOC states, "Whoever conducts the investigation should be well-trained in the skills that are required for interviewing witnesses and evaluating credibility." Many internal personnel may lack the necessary training and experience to adeptly investigate alleged civil rights violations or employee misconduct. Others are concerned about impartiality and objectivity. Very few from either category have the time to remain current on the continual changes in state and federal laws, which are essential to conducting quality investigations. Consequently, employers routinely outsource this specialized task to qualified consultants who conduct timely, thorough, impartial, objective, confidential, and competent investigations. Complainants may not use a complaint procedure perceived as biased, subjective, and administered solely by internal personnel. In supervisor harassment cases, complainants may even attempt to defeat the affirmative defense by establishing that the employer's reporting procedure is defective. "Negligent investigation" is becoming an increasingly popular allegation in discrimination litigation, but it is much more difficult to prove if experienced, independent consultants conduct the investigations.
EEO Model Agency
EEOC Strategic Plan For
Fiscal Years 2007 - 2012
Civil Rights Act of 1866
The Civil Rights Act of 1866, a.k.a section 1981 is a piece of United States legislation that gave further rights to the freed slaves after the end of the American Civil War.
Title VII of the Civil Rights Act of 1964
Title VII prohibits discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex or national origin.
Equal Pay Act of 1963
The Equal Pay Act of 1963 (EPA) prohibits wage discrimination between men and women in substantially equal jobs within the same establishment.
The Age Discrimination in Employment Act of 1967
The ADEA protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment.
The Rehabilitation Act of 1973 Sections 501 and 505
Section 501 prohibits employment discrimination against individuals with disabilities in the federal sector. Section 505 contains provisions governing remedies and attorney's fees under Section 501.
The Americans with Disabilities Act
The Americans with Disabilities Act (ADA) is a wide-ranging civil rights law that prohibits discrimination based on disability.
The Civil Rights Act of 1991
The Civil Rights Act of 1991 includes provisions meant to reduce illegal discrimination in employment decisions. Enacted November 21, 1991, the new law applies to all employers who have 15 or more employees in each of 20 or more calendar weeks per year.
Management Directive 715 (EEO MD-715)
The EEOC's Management Directive provides policy guidance and standards for establishing and maintaining effective affirmative programs of equal employment opportunity.
Management Directive 110 (EEO MD-110)
The EEOC’s Management Directive, issued October 22, 1992, outlines the Commission’s policies, procedures, and guidance relating to the processing of federal employment discrimination complaints.
Notification And Federal Employee Antidiscrimination And Retaliation Act Of 2002 (NO FEAR Act)
The NO FEAR Act requires that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws. This Act also requires that each Federal agency post quarterly on its public Web site certain statistical data relating to Federal sector equal employment opportunity complaints filed with such agency.
EXECUTIVE ORDER 11246
Executive Order 11246 protects employees of covered Federal contractors and subcontractors from employment discrimination because of race, color, religion, sex and national origin. The Executive Order also requires that certain employers take affirmative action to ensure that all qualified applicants and employees receive equal employment opportunity.
29 CFR Part 1614
These regulations cover the U.S. federal sector and are designed to encourage equal employment opportunities.
Family and Medical Leave Act (FMLA) of 1993
Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the acceptable reasons.
ADA AMENDMENTS ACT OF 2008
The EEOC's text on the Amendments to the Americans with Disabilities Act of 1990 (ADA).
ADA AMENDMENTS ACT OF 2008
Who is eligible under ADAAA. ADAAA in School and at teh Workplace
EXECUTIVE ORDER 13496
Notification of Employee Rights Under Federal Labor Laws
EXECUTIVE ORDER 13532
- Signed: January 30, 2009
- Federal Register page and date: 74 FR 6107, February 4, 2009
- Revokes: EO 13201, February 17, 2001
Promoting Excellence, Innovation,and Sustainability at Historically Black Colleges and Universities
EXECUTIVE ORDER 13548
- Signed: February 26, 2010
- Federal Register page and date: 75 FR 9749, March 3, 2010
- Revokes: EO 13256, February 12, 2002
Increasing Federal Employment of Individuals With Disabilities
EXECUTIVE ORDER 13562
- Signed: July 26, 2010
- Federal Register page and date: 75 FR 45039, July 30, 2010
- See: EO 13163, July 26, 2000
Recruiting and Hiring Students and Recent Graduates
- Signed: December 27, 2010
- Federal Register page and date: 75 FR 82585, December 30, 2010
- Supersedes: EO 12015, October 26, 1977
- Revokes: EO 13318, November 21, 2003
* Important Information: Please note that the majority of the links on this page are in pdf format, which requires you to have Adobe Acrobat to read the files. If you do not have an Adobe® Reader® or you are not sure, please click here
to obtain a free download.