Hartstein recommended that an attorney meet with company representatives to preserve the attorney-client privilege. For example, where a Equal Employment Opportunity Commission (EEOC) investigations require a coordinated effort throughout various parts of an organization - including human resources, the legal department, and business operators. As many types of evidence as possible should be obtained on each issue raised by the charge/complaint. EEOC IS collecting evidence ? This guidance document was issued upon approval by vote of the U.S. Additionally, Fair Employment Practices Agencies (FEPAs) that apply to states or counties may offer greater protection to employees than the EEOC. Background information includes, but is not limited to, a brief summary of the charging party/complainant's work history with the respondent; What does it mean when the EEOC investigator is collecting evidence about your charge? Learn more about FindLaws newsletters, including our terms of use and privacy policy. Once the plaintiff has produced evidence to support those four factors, an inference of discrimination is created and the burden of production then shifts to the defendant employer. (See 26.4.) The last updated date refers to the last time this article was reviewed by FindLaw or one of ourcontributing authors. Evidence is reliable if it is dependable or trustworthy. EEOC Charge Process Explained for Employees & Employers - Workology , Lawyer Eric. Documentary evidence must also be reliable. Studies of verdicts have shown that about 10% of wrongful termination cases result in a verdict of $1 million or more. Examples of affirmative defenses are: jurisdictional issues; bona fide occupational qualifications (under both Title VII and the ADEA); the four exceptions contained in 6(d)(1) of the FLSA (the EPA); the
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