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What is the EEOC?
The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for the interpretation and enforcement of federal laws that prohibit employment and workplace discrimination on the basis of color, race, religion, sex, age (40 years or older), national origin, genetic information, or disability. The anti-discriminatory laws include:
- Title VII Civil Rights Act of 1964 prohibiting workplace harassment, discrimination, and retaliation.
- The Equal Pay Act that requires equal pay for both men and women who are doing equal work.
- The Americans with Disabilities Act (ADA 1990) that protects any employee or applicant with a disability against discrimination.
- The Age Discrimination in Employment Act which stops employers from discriminating against employees or applicants who are 40 years of age and above.
- Genetic Information Nondiscrimination Act that prohibits employers from discriminating against an employee or applicant on the basis of their genetic information.
The primary responsibilities of the commission are to bring justice and equal opportunities to the workplace through education, regulation, and performing a judicial role.
Why is EEOC Training Important for Businesses?
Should an issue be raised and an EEOC investigation opened, it is of paramount importance that an organization have accurate EEOC training records available for review by the EEOC investigator. The first documents they will ask for are:
- Copies of training records
- Acknowledgements
- Policy distribution
- A copy of the exact training the employee in question completed
If the investigation escalates to the courtroom, it is a well-established principle (from the landmark Faragher v. City of Boca Raton Supreme Court ruling) that merely having a policy barring discrimination and harassment is not sufficient to raise an affirmative defense.
Unless the defense can demonstrate that the employees knew about the policy, it won’t help in court in the least.