Alex Can an employer fire you for an EEOC complaint?
Employees are protected from retaliation or from participating in an investigation when it comes to harassment or discrimination. For example, an employer may not fire an employee simply because the employee reaches out to an EEOC investigator or supports a colleague’s complaint against discrimination at the company.
Can a EEOC investigation take place during an internal investigation?
Their investigation of a complaint does not take the place of an employer’s own, internal investigation. In fact, the EEOC might even “investigate” the employer’s “investigation.” If the employer finds that, for example, an employee has been discriminated against, then the employer might take action on its own to remedy the situation.
Can you file a complaint with the EEOC?
Filing a complaint with the EEOC (or any government agency) does not change an employee’s obligation to cooperate with an employer’s internal investigation. Government agencies like the EEOC are not a part of the employment relation, and are not a substitute for it.
What happens when an employer conducts an investigation?
One question before the court was whether the investigation was properly conducted. Ultimately, the court ruled that the investigation (which found evidence of the employee’s wrongdoing) was properly conducted, and that therefore the employer had not treated the fired employee unfairly.
Is it true that employers fail to stay in touch with the EEOC?
Many employers and their attorneys fail to stay in touch with the EEOC while an investigation is taking place. Yes, it is true that the Commission is the guilty party at least as often as the employer.
Their investigation of a complaint does not take the place of an employer’s own, internal investigation. In fact, the EEOC might even “investigate” the employer’s “investigation.” If the employer finds that, for example, an employee has been discriminated against, then the employer might take action on its own to remedy the situation.
Filing a complaint with the EEOC (or any government agency) does not change an employee’s obligation to cooperate with an employer’s internal investigation. Government agencies like the EEOC are not a part of the employment relation, and are not a substitute for it.
Many employers and their attorneys fail to stay in touch with the EEOC while an investigation is taking place. Yes, it is true that the Commission is the guilty party at least as often as the employer.
One question before the court was whether the investigation was properly conducted. Ultimately, the court ruled that the investigation (which found evidence of the employee’s wrongdoing) was properly conducted, and that therefore the employer had not treated the fired employee unfairly.