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Charge of discrimination

What to Do When a Charge of Discrimination Is Made

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According to the Equal Employment Opportunity Commission (EEOC), more than 84,000 workplace discrimination charges were filed in 2017. Because these charges can escalate into costly lawsuits, employers must understand what to do if charges are made against them to avoid unnecessary mistakes that could cost time and money. Here is a look at what happens – and what to do – when a charge of discrimination is made against your organization.

Employer notice

When a charge is filed against your organization, the EEOC will generally notify you within 10 days. The notification will typically include the name and contact information for the investigator assigned to the case, steps to take if you are interested in mediating the charge (see discussion below) as well as a URL for you to log into the EEOC’s Respondent Portal to view and download the charge. This portal also is used to upload your organization’s position statement and responses to any requests for information during the investigation process.

The investigation process

The EEOC generally has a broad scope of authority in conducting investigations of alleged or suspected discriminatory conduct. During this process, your organization will be asked to provide certain information, which may include:

  • Position statement – This is your organization’s statement of its position in regard to the charges. In other words, it is your opportunity to tell your side of the story. Your organization should take advantage of this opportunity and include applicable policies and references to any issues and documents that would render the charges invalid.
  • Responses to Requests for Information (RFI) – These requests may be for copies of personnel policies, personnel files and other relevant information. Failure to respond may result in an administrative subpoena issued and served to your organization.
  • Employee contact information for witness interviews – The employer has the right to have a representative attend interviews of management personnel but the EEOC can generally interview non-management employees outside the employer’s presence.

If you have information that would show that the allegations are false or that your organization did not violate the law, provide this information to the investigator. You may also be asked to permit an on-site visit by the investigator.

After the investigation

Once its investigation is complete, the EEOC will make a determination on the merits of the charge(s). Most often, it will choose not to file a lawsuit and instead issue either a Dismissal and Notice of Rights or a Letter of Determination.

The Dismissal and Notice of Rights indicates its investigation was unable to conclude that the information obtained established unlawful discrimination; however, the employee who made the complaint is free to file a lawsuit in court.

If the EEOC determines discrimination may have occurred, it will send a Letter of Determination and attempt to have the parties settle the matter outside of court. If the parties do not reach a settlement agreement, the EEOC will send the employee a Right to Sue letter, allowing him or her to bring suit in federal court. In rare cases, the EEOC may file a lawsuit on behalf of the employee.

3 Ways to Resolve Charges

In general, three methods exist for successfully resolving charges of discrimination outside of litigation: mediation, settlement and conciliation.

1. Mediation

Mediation is an informal process in which a trained mediator assists the parties to try and reach a negotiated resolution. It generally is initiated before an investigation and is completely voluntary.

This process allows the parties to resolve the matters in dispute in a way that is mutually satisfactory. It is also much faster than the traditional investigation process. The main benefit for mediating is that it allows the parties an opportunity to reach a resolution before incurring the time and expense involved in the traditional investigatory process.

If mediation is successful, the charges filed with the EEOC will be closed. If unsuccessful, the charges will be referred for investigation.

2. Settlement

Settlement of the charges may take place at any time during the investigation. Similar to mediation, settlement is completely voluntary, and the goal is to reach an agreement that satisfies both parties. Settling charges generally occurs with no admission of liability, but if a settlement is reached, those charges are dismissed.

3. Conciliation

The EEOC is required by Title VII to attempt to resolve findings of discrimination through conciliation. However, this process is triggered only after the parties have been notified that, through evidence gathered in the investigation, there was reasonable cause to believe that discrimination occurred. This process is intended to help the employer and the EEOC negotiate how the employer can change its policies and practices to comply with the laws, and also to determine any amount of damages the employer should pay to the employee.

In some instances, the employer can be at a disadvantage during this process because it may not be entirely aware of the evidentiary basis for the EEOC’s determination that discrimination has occurred. Unlike in litigation, there are no disclosure obligations.

If the conciliation process fails, the EEOC then decides whether to sue the employer in court.

Your organization should not ignore or fail to respond to charges of discrimination. Employers often conduct their own investigation to determine the claim’s merits. In many cases, employers opt to resolve charges early in the process through mediation or settlement to avoid costly litigation. However, you may choose not to engage in these types of voluntary resolutions if you feel the claims have no merit.

To learn more about preventing workplace discrimination, see our related blog posts on “Diversity Training in the Workplace: Helping Managers Understand ‘Cultural Fit’” and “2 Questions You Never Should Ask a Job Candidate … and What You Should Ask Instead.”

Disclaimer: This blog includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal problems.


Kristin Birchell

by Kristin Birchell


Author Bio: As a compliance attorney for Paycom, Kristin Birchell monitors legal and regulatory changes at the state and federal level, with a focus on labor and employment laws, to ensure the Paycom system is updated accordingly. Previously, she served as an attorney at the Oklahoma City law firm Derryberry & Naifeh LLP. Birchell earned a bachelor’s degree and MBA from the University of Central Missouri, and her Juris Doctor from the Oklahoma City University School of Law. Outside of work, she enjoys cooking, hiking, going to the movies and spending time with her husband.

Transform Company Leaders Into Engagement Ambassadors

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High employee engagement is linked to higher profits, greater productivity, lower turnover rates and a slew of other positive business outcomes. For years, HR leaders have worked to establish positive protocols and cultivate constructive environments to meet the shifting needs of a changing workforce. However, new research suggests engagement responsibilities should expand from the HR department to include the C-suite.

Why diversify?

Company leaders have a huge impact on employee engagement levels. According to the 2018 Global Leadership Forecast by Development Dimensions International (DDI), “leaders continue to wield the greatest single impact on workplace engagement.” When companies work from the top down to ignite innovation and excitement in employees, everybody wins.

A 2017 Harvard Business Review article praises managers who are able to deliver profits while creating a positive work culture: “Having the ability to simultaneously drive for results and practice excellent people skills is a powerful combination that has a dramatic impact on a leader’s effectiveness.”

Below are a few high-level priorities HR can focus on to invest in their leaders so employee engagement levels may rise companywide.

Anatomy of a leader

It turns out that a good chunk of company leaders understands the importance of engagement and purpose. DDI’s study found 71% of leaders viewed their role as “a custodian of the organization’s purpose.” Also, nearly 75% of those surveyed said they supported critical activities that aligned with the company’s goals.

Although many individuals hold upper-management titles, HR leaders need to identify dynamic leaders who are not only results-driven, but also value employee engagement. A few qualities to look for include:

  • positive communicators who compel vision and set clear, strategic directions with their written and verbal communications
  • achievement-oriented individuals who create a healthy sense of urgency, trust their teams, hold people accountable and set high standards
  • relationship-minded people who build relationships slowly and systematically while keeping old relationships healthy
  • coachable individuals who can both deliver and receive critical feedback with grace

Tools for success

Once HR identifies dynamic leaders whom they can utilize as ambassadors of engagement, they can equip them with the right tools to succeed. A few tangible ways to do this include:

  • making certain leaders are exposed to realistic challenges in order to prepare them for future ups and downs
  • clearly communicating business goals, as well as the case for employee engagement in internal communications
  • having periodic, positive callouts when leaders succeed in inspiring their teams
  • setting up mentoring programs where budding leaders have built-in accountability partners and can learn coaching techniques from the best
  • selecting senior-level managers as engagement catalysts to help build a positive culture, since change starts at the top

Employee engagement isn’t just for HR. Workers who consistently see upper management communicating strategically, supporting their teams and valuing each employee’s contribution, have a successful blueprint worth following. When HR and company leaders team up with both the bottom line and an engaged workforce in mind, victory is theirs for the taking.

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Jennifer Kraszewski

by Jennifer Kraszewski


Author Bio: Jennifer Kraszewski, Paycom’s Director of Human Resources, has more than 20 years of HR leadership experience, driving transformative, business-focused human capital strategies in high-growth industries to achieve efficiencies, compliance and employee engagement. Kraszewski holds a bachelor’s degree from Baylor University and an MBA from Oklahoma City University, and is SPHR- and SHRM-SCP-certified.

HR Manager SHRM18

6 Ways to Get the Most Out of SHRM18, From One HR Manager to Another

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From Sunday, June 17, to Wednesday, June 20, the largest gathering of HR professionals in the world will unite in Chicago for the Society for Human Resource Management’s Annual Conference & Exposition, aka SHRM18. From one HR manager to another, here are my key tips to getting the most from this year’s conference … and having a little fun as well!

1. Download the conference app.

Repeat: Download the conference app. This is the absolute best source of information because it helps you plan your sessions. In addition to keeping you organized, the app includes PowerPoints and notes from each session, even the ones you missed!

2. Do not miss the general session speakers.

There is a great lineup – did someone say Sheryl Sandberg and Jeb Bush? – and these sessions are always amazing. Personally, I can’t wait to hear Adam Grant’s session. If you aren’t up to speed on Grant, an organizational psychologist, check him out on YouTube and I’ll just plan on seeing you Tuesday at his session, “Originals: How Non-Conformists Move the World.”

3. Do not miss these sessions, either.

As an HR manager, I am a steward of my organization’s culture, which is why I cannot miss Steve Browne’s Tuesday session on “Cultures That ROCK! Five Proven Ways to Develop and Sustain a Phenomenal Workplace.” I always enjoy the legislative updates and Sunday afternoon’s “Tsunami or Wave: The Washington Outlook for HR Public Policy,” from SHRM’s own Michael P. Aitken, is going to add so much value to my conference experience and compliance knowledge base.

4. Enjoy Chicago.

Deep-dish pizza, Chicago-style hot dogs and hot beef sandwiches are just the start of your Chicago experience, as architecture tours, Willis Tower, Hancock Tower, Navy Pier Park and Millennium Park await. In addition to growing your career at the conference, you’ve got to take a few moments and enjoy, in my opinion, one of America’s historical treasures, and the home of the Cubs and Michael Jordan.

5. Schedule your sessions, but be ready to improvise.

You are going to run into someone you know and miss the session you had scheduled. You’re going to get caught up in the expo hall and lose track of time. That’s OK, because you have to balance overscheduling with going with the flow.

6. Last, but not least, have fun!

We take over the city. More than 20,000 HR professionals come together for this conference and although it’s the exact opposite of how our profession can, at times, be portrayed in the movies, we know how to have a good time. Enjoy the after-hours events. Make it to the Pentatonix concert! Network with people you’ve never met. Collect swag from the expo hall and don’t forget to come by the Paycom booth (No. 250!) and visit me, as well as enter to win $5,000 toward a vacation anywhere in the U.S.!

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Chanse Moucka

by Chanse Moucka


Author Bio: Chanse joined Paycom in early 2016 focusing on Paycom’s internal HR compliance function. In addition to Paycom’s internal compliance function, Chanse also leads Paycom’s HR Business Partner team. Chanse has been in the Human Resources field for 13 years and is experienced in many aspects of HR, extensively in employee relations and compliance. Chanse holds a degree in Business Administration from Saint Gregory’s University and also holds his PHR from the Human Resources Certification Institute and a designation as a Society for Human Resource Management certified professional.

Mentorship Program

Why Your Business Needs a Mentorship Program

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It’s no secret that great leaders consistently place a high value on mentoring others. Mentors help budding leaders gain important insights, give them much-needed honest feedback and serve as a blueprint for success to their mentees. Sometimes these mutually beneficial relationships between more experienced, upper-management individuals and younger employees happen organically; other times, they may spring up by chance, through existing networks or even between supervisors and employees who just click together.

I can personally attest to the value of mentorship – in my career, spanning over 20 years, I’ve had many informal mentors. I was lucky to have great leaders who took a special interest in me and my development. Even though these relationships were not part of a formal mentorship program, they were transformative for me.

And if informal mentorship is beneficial, you can bet that formal mentorship adds value to the individuals and organizations participating. After all, formal mentoring programs can help avoid the risk of unconscious bias, and provide the structure needed to maintain the mentoring relationship even when both parties are busy. Here are a few reasons why I think they’re well worth considering.

Fruitful feedback

 You don’t have to take my word for it – compelling research from Development Dimensions International illustrates some of the key benefits of a formal mentorship program. Its 2018 Global Leadership Forecast represents the responses of more than 25,000 business leaders and 2,500 HR professionals in a range of industries. According to this study, businesses that implemented a formal mentorship program saw:

  • a 20% lower turnover rate
  • a more holistic understanding of the business from all employees
  • deeper connections and higher-quality networking opportunities
  • 46% higher quality leaders
  • an increased likelihood of wisdom remaining in-house
  • 23% more critical roles could be filled immediately
  • a silo breakdown between functional groups

A robust mentorship program is one way businesses can ensure that top talent stays, develops and thrives in-house while providing meaningful opportunities for senior execs to witness their tangible impact.

Millennials and mentorship

 The Pew Research Center recently noted that millennials are now the largest generation in the U.S. workforce. They’re not just the largest chunk of the workforce; your high-performing millennials also will be either the future leaders of your organization – or someone else’s. And one theme keeps cropping up in conversations about what millennials value: mentorship.

In fact, a 2016 Deloitte study found that millennials who planned to stay with employers for more than five years were more than twice as likely to have a mentor (68%) than not (32%). And 20-somethings aren’t the only ones who value credible feedback and wisdom – workers of all ages understand the benefits. When well-executed, mentorship programs engage your millennial employees and elevate the entire workforce.

Success stories

 Some of the world’s most financially successful organizations have a formal mentorship program, including such Fortune 500 companies as GE, Intel and AT&T.

In GE’s “leader in residence” program, top executives rotate responsibilities. During their residence time, they spend a week mentoring, teaching and coaching managers and employees. In an article for Harvard Business Review, Raghu Krishnamoorthy, GE’s vice president of executive development and chief learning officer, said, “By giving leaders access to deeper levels across the organization, and, in turn, providing participants access to senior leadership, we have created greater cohesiveness throughout the company.”

AT&T leaders mentor their workforce in topic-based groups called “leadership circles.” Within these circles, members communicate both online and face-to-face. The program allows for a single mentor to take on a few mentees at a time, but in a group setting, two or more leaders can collaborate and mentor several mentees together. The groups are self-organized, free-flowing and champion tenets such as teamwork and trust. This program suits the telecom giant’s workforce needs, and AT&T saw an increase in the quality of peer-to-peer mentoring as a result.

No matter the size or scope of your business, formal mentorship programs offer valuable insight and opportunities for both the mentor and mentee. If a rising tide lifts all boats, mentorship initiatives that make space for honest feedback and meaningful connections can ensure everyone floats a little higher.

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Author Bio: Oden-Hall is an award-winning public relations, communications and marketing professional with over 20 years experience driving corporate strategy for Fortune 500 companies. Her Oklahoma roots and passion coupled with her global experience and creative flair have helped her drive numerous successful strategic initiatives. She joined the Paycom team as Chief Marketing Officer in April of 2012.

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