How to Avoid EEOC Problems

Develop and implement clear consistent policies and procedures. Policies should be created to support your company goals and create order in the workplace.

• Policies cannot cause any type of adverse impact on any protected minority group.
• Policies and procedures should always be based on legitimate business needs/objectives.

All employees must be made aware of the policies and sign a receipt and acknowledgement to keep in their personnel file. Policy enforcement must be consistent without making any exceptions. Failure to maintain consistency will increase your chances for losing a lawsuit.

Documentation is an employers best friend. It's your best resource and item of defense as an employer so take advantage and take time to document. Make sure to have notes of verbal warnings and maintain formal written documentation on disciplinary actions administered ensuring both the employer and employee have signed the forms. If an employee refuses to sign make sure to have a witness sign witnessing fact that employee refused.

Make sure that all terminations are justified and that employees have been treated fairly relative to others in the past. Also, if you have a problematic employee make sure to terminate them as soon as possible. Don't tolerate poor employee behavior and/or attitudes.

Remember that all employers are, for all practical purposes, guilty until they have proven themselves innocent. In order to prove your innocence, you must have written documentation.