Mitigating Risk of an Equal Employment Opportunity Commission Complaint

This guide outlines the procedures and recommendations for mitigating the risk of an Equal Employment Opportunity Commission (EEOC) complaint or investigation within the construction industry. It discusses the implications of recent congressional spending bills on construction spending data and highlights the EEOC's Strategic Enforcement Plan (SEP), which aims to address the industry's lack of diversity. The guide emphasizes the importance of being prepared for potential EEOC investigations, including unannounced site visits following complaints. It advises contractors to secure Employment Practices Liability insurance to assist in managing EEOC complaints and to ensure timely notification to insurers upon receiving an EEOC notice. Additionally, the guide details specific areas where risks can be mitigated, such as conducting proper discrimination and harassment training, establishing clear complaint procedures, investigating all complaints, preventing retaliatory behavior, and documenting all training and procedures. This material serves as a general informational resource and is not a substitute for professional legal advice.