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The EEOC Enforcement Process

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The EEOC Enforcement

Process
Applicant or employee
files charge

EEOC advises employer


of charge, & if
mediation is an option
The EEOC Charge-Filing Process
Successful Unsuccessful
mediation mediation

EEOC may ask EEOC may ask EEOC may ask


employer to employer to employer to
submit statement respond to permit onsite visit
of position of and request for and by EEOC, and to
employer’s side of information provide
story (personnel files, information for
etc.) witness interview
EEOC completes
investigation

Finds no Finds reasonable


reasonable cause cause

Issues letter of
Issues charging party determination
Dismissal and Notice of
Rights
Offers parties
conciliation

Charging party
may file lawsuit in Conciliation fails Conciliation
federal court successful
within 90 days
EEOC may litigate EEOC may decide
in federal court not to litigate
within 180 days of
charge

Sends charging
party notice of
Right to Sue

Party may sue


within 90 days
Voluntary Mediation
• A process where conflicting parties sit down to resolve their
disputes
• Used most successfully when emotions otherwise get in the
way of resolution
• Helps general civil cases resolve before trial
Mandatory Arbitration of Discrimination
A company requires a consumer or employee to submit any
dispute that may arise to binding arbitration as a condition of
employment or buying a product or service. The employee or
consumer is required to waive their right to sue, to participate
in a class action lawsuit, or to appeal.
Diversity Management
• Promotes the individuality within an organization
• Increases the productivity and deliver better results
• Increases retention
• Builds a stronger brand
• Makes a desirable employer
• Good reputation and image
Potential Threats to Diversity
• Stereotyping
• Discrimination
• Tokenism
• Ethnocentrism
Managing Diversity
• Provide strong leadership
• Assess the situation
• Provide diversity training and education
• Change culture and management systems
• Evaluate the diversity management program
Implementing the Affirmative Action
Program
Affirmative action – taking actions (in recruitment, hiring,
promotions, and compensation) to eliminate the current
effects of past discrimination.

Reverse Discrimination
- discriminating against nonminority applicants and employees

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