EEOC Onsite Investigations: Employer Best Practices for Preparing for and Cooperating With Investigators

Description

The EEOC cites employers' failure to participate in or cooperate with EEOC onsite investigations as a recurring problem. Onsite investigations involve interviews with employees, requests for and review of critical employment records, inspections of the workplace, and more.

The U.S. District Court of the Eastern District of Kentucky, in EEOC v. Nucor Steel Gallatin, authorized an EEOC investigator to enter a private business to investigate a discrimination claim without either the business owner's consent or an administrative warrant. Nucor Steel highlights the importance of employers taking EEOC onsite investigations seriously.

Counsel to employers must advise clients on strategically preparing for and cooperating with onsite investigations to avoid a finding of reasonable cause to support the employee's allegations. In addition to practical matters such as preparing a comfortable environment for the investigator, counsel must advise employers to limit the scope of their responses to the allegations in the charge, even if investigators attempt to inquire about observations they make while onsite that are unrelated to the charge.

Understanding how the EEOC evaluates the evidence obtained is critical for employers to frame their responses to onsite investigations.

Listen as our authoritative panel of employment law attorneys discusses best practices for employers and their counsel for preparing for and participating in EEOC onsite investigations.