EEOC Update: EEOC offers proactive prevention assistance

Lynn Bruner is director of Equal Employment Opportunity Commission's St. Louis District, which covers the states of Kansas, Missouri and part of southern Illinois.

Some employers in Missouri and Kansas have been surprised recently when officials from the Equal Employment Opportunity Commission came knocking on their doors not with a subpoena in hand, but with a smile on our faces and a bundle of information to share. These visits are part of EEOC's program of "Proactive Prevention," which is aimed at prevent ing employment discrimination before it occurs.

EEOC's district offices across the country are making a concerted effort to work with employers, especially small businesses, to let them know what is required by laws pertaining to employment discrimination and to provide technical assistance when requested.

The program was first used in Springfield in July 2001. During that effort, EEOC officials visited with 160 different companies. Visits were made with 120 other Springfield companies during August 2002. We plan to make additional visits later this year. If your company is one visited in the future, we invite you to take advantage of the opportunity to ask questions and share concerns. Our aim is to serve as problem solvers not to catch businesses doing something wrong.

Direct contact is not the only method used in the district to help provide education and technical assistance to employers. For example, the EEOC holds community forums in smaller communities to discuss basic information. This service is free.

Each year, we present two large technical assistance seminars for managers, supervisors, human resources and employment law professionals. Upon request by any employer, we will design and deliver training to a company's managers and line employees on any area of the law, as needed. There is a cost for these services.

EEOC's Web site (www.eeoc.gov) is full of information that covers all the important areas of law and regulation.

Some executives reading this might ask themselves, "What does nondiscrimination have to do with the bottom line?" The simple answer is, "a lot!" Employment lawsuits make up a large and growing percent of federal court dockets, and big financial judgments are routine. For example, during this fiscal year, the St. Louis District recovered $47 million for a class of 450 women in a suit against one company.

Lawsuits are just the tip of the iceberg. Each year, the St. Louis District is contacted by more than 30,000 employees who believe they've been discriminated against. Following extensive screening of these complaints, our staff ends up taking only around 3,500 charges. If you're one of these 3,500 employers, you can expect your operation to be affected, not only in dollars paid out, but also in loss of morale and decreased productivity.

Doesn't it make sense for employers to be proactive and take steps to prevent discrimination? We think it does, and we're willing to work with businesses to build systems that help managers identify discrimination early and respond effectively.