CAUTION: This document is only a basic template or checklist of things to consider. It is not all encompassing. Attorneys must use discretion and independent judgment to ensure any work product is appropriately tailored to the unique facts and circumstances of their matter or issue. In addition, attorneys must review relevant Federal and Local Rules, standing orders, and any other orders to ensure compliance.
1. Make HR Your Best Friend
A. The more they call, the better: what you know and can deal with is better than what you read for the first time in a complaint
B. Ensures that HR policies/procedures are legally compliant and consistently applied
C. Increase opportunity to identify and address potential systemic problems
D. Involving in house or outside counsel gives you the option of the privilege
2. Align Hiring Process
A. Ensure that recruiters are trained
B. Document hiring process
C. Careful of channeling people into certain jobs/departments/tasks
D. Select only qualified candidates
E. Establish document retention policies (not limited to hiring documentation)
F. Apply to hard copy and electronic documents
G. Suspend regular document elimination once litigation is anticipated
3. Practice Meaningful Job Posting
A. Post as widely as possible
B. Be wary of sham posting systems and exceptions to the process
C. Communicate job and promotion opportunities to all employees
D. Place responsibility on employees to apply
4. Manage Diversity Initiatives
A. Define diversity broadly and make it a business imperative
B. Implement realistic diversity goals and make a good faith effort to attain them
C. Ensure top down support and effective management of diversity initiatives
D. Focus recruiting to ensure a strong pool of diverse candidates
E. Government contractors: make diversity initiatives consistent with affirmative action plans
5. Manage Risks of Employment Testing
A. Accept the fact that testing is here to stay; move to managing risk
B. Measure minimum qualifications necessary to perform specific job
C. Use validation studies; engage qualified experts if additional or updated validation needed
D. Consider using multiple screening tools to avoid reliance on testing
E. Review "personality" testing that may be used as part of succession planning
6. Monitor Pay Equity Issues
A. Conduct annual pay equity analysis; consider using multivariate analysis if appropriate
B. Review cohort groups to address pay equity issues
C. Establish pay equity plans to address concerns; consider systemic fixes as needed
7. Address Glass Ceiling Issues
A. Focus on feeder pool for higher grade positions
B. Ensure clear succession planning system; do not permit "opt out" or "closed" systems
C. Manage training and development needs to achieve succession planning goals
8. Monitor and Resolve Internal Complaints
A. Encourage complaints
B. Consider credible, neutral dispute resolution system
C. Scrutinize internal complaints for patterns
D. Remedy problems before they develop into class actions
E. Analyze individual charges to determine whether they contain class-type allegations
F. Consider settling individual charges before class action is filed
10. Train, Train, Train
A. Ensure that workforce is aware of EEO policies and internal complaint
procedures
B. Consider management training on employment law, supervisory basics and documentation
C. Provide training to HR managers on compliance
D. Provides federal defense to liability
E. Reduce risk of exposure to punitive damages
10. Beware of Lip Service
A. Tie compensation to compliance
B. Specifically address diversity/EEO compliance in performance evaluations and planning
C. Measure and monitor performance
D. HR should periodically report EEO issues to management
E. Create high level committee responsible for oversight of EEO issues
CAUTION: This document is only a basic template or checklist of things to consider. It is not all encompassing. Attorneys must use discretion and independent judgment to ensure any work product is appropriately tailored to the unique facts and circumstances of their matter or issue. In addition, attorneys must review relevant Federal and Local Rules, standing orders, and any other orders to ensure compliance.
