There is no magic formula you can follow to prevent an EEO complaint. The best you can do is to take steps to minimize complaints by creating and maintaining a positive work environment. In our last post, we discussed talking managers through their first EEO complaint, but the next question is usually how to avoid complaints. We can all agree with Ben Franklin’s famous axiom, “an ounce a prevention is worth a pound of cure”. To that end, we offer the following strategies…
- Treat Individuals Fairly and with Transparency:
Another well-known axiom is that actions speak louder than words. This is especially true for managers. Employees will observe your actions to judge whether they mirror your words. They pay close attention to your interactions not only with them, but also your interactions with their peers. By treating employees under similar circumstances equitably and fairly, managers prevent complaints. Too often managers feel they don’t have to explain their actions and decisions based on the “management’s prerogative” protective shield. While that may be the case, the indiscriminate exercise of that authority, without also exercising appropriate transparency, will eventual sow seeds of discontentment that manifest as complaints. Successful managers find ways to exercise transparency without compromising their managerial authority.
- Open Lines of Communication:
Promote open, two‑way communication with your employees. Encourage employees to discuss their problems and concerns before they escalate into a dispute and possibly an EEO complaint. One common example happens when managers become so busy, they fail to take steps to address performance‑related issues when they are minor and only react when the issues become major. Without communication and immediate corrective action, employees may be unaware that they are not performing at the appropriate level. Communication also helps with transparency, if you are communicating with your team, they feel more involved and less likely to think you are hiding things from them or being secretive. No matter how busy you are as a supervisor, communication is time well spent.
- Enforce Zero Tolerance:
Clearly demonstrate to employees that illegal discrimination is unacceptable and will not be tolerated. When violations do occur, take immediate action to correct the situation and prevent recurrence.
- Support Diversity:
Acknowledge the uniqueness of different perspectives and lead your staff in accepting diversity as a positive, life‑enriching experience. It is also important to appreciate and encourage diversity through personnel actions. Always seek quality and diversity.
- Seek Early Resolution and Take Advantage of ADR:
Resolve complaints at the earliest possible moment by bringing parties together to help understand and settle their differences. Keep in mind that ADR is a perfect tool for resolving disputes and avoiding future complaints. While ADR can be offered in response to a complaint, it does not limit a manager from taking advantage of ADR earlier. Employees may approach management requesting assistance regarding a concern. This may be a perfect opportunity to use ADR to resolve the matter‑before it turns into a complaint or grievance.
- Hold Subordinates Accountable:
Hold employees accountable for their actions. Employees must understand the expectations of the managers from both a performance and conduct standpoint. Allowing poor performance or ignoring inappropriate conduct will only make your vulnerable as a manager. When managers do not address poor performance or do not address inappropriate or unprofessional behavior, employees will feel that such behavior is tolerated or condoned. Failing to hold employees accountable becomes a feeding ground for EEO complaints, especially complaints of harassment.
What other strategies have you employed, or have advised managers to implement?
I have seen a lack of feedback lead to a successful lawsuit at my organization. A worker who belonged to a protected class repeatedly applied for jobs in the organization. Although she met the minimum qualifications, she would never be selected. When asking for feedback from the hiring authorities, they would point out additional qualifications that she lacked. She would go out and get those qualifications and yet not be selected. This went on for about ten years. Why wasn’t she ever selected? She had an abrasive personality and no one cared to work with her. This reputation got out into the organization and she was never selected. The problem was – no manager ever wanted to have that conversation with her. She never got the feedback and was left to surmise that it was illegal discrimination. She eventually sued and won the suit.
The tough conversations have to take place. Maybe had they occurred early on, she would have been aware of her behavior and corrected it, resulting in a win-win. A lack of feedback will leave an applicant no other apparent reason for not being selected other than an illegal one.
Managers need to have more frequent those difficult conversations with some of their employees. There should be transparencies.
Training needs to be done more frequently. Examples of EEO cases and findings to be discussed as part of training. Also a sample of Agencies EEO cases should be addressed so Managers understand the importance of preventing alleged discrimination in many instances.
As the former EEO Officer of a government agency, I agree that a lack of transparency is indeed the first step in the downward spiraling of an EEO complaint; however, it is exacerbated by the retaliation that follows. When informing managers that an employee may not be able to prove discrimination, but they may be able to prevail regarding the subsequent retaliation, they looked at me completely baffled. No matter how upset a manager may be, he/she must resist the temptation to make life miserable for an employee who has exercised the right to file an EEO complaint.