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Conducting an Investigation in Workplace

The Equal Employment Opportunity Commission (EEOC) has the authority to investigate cases of labor violations such as discrimination, sexual harassment, and retaliation against workers.

The investigation will start by notifying the employers about the complaints filed against them. The EEOC will also give the name and contact number of the investigator it has assigned to the case.

In some cases, the federal agency will suggest to the employers to settle the complaints through mediation even before the investigation proceeds. However, this process of resolving employment issues should be voluntary and mutual on both sides.

If the case is not eligible for mediation or one of the involved parties do not consent, the investigation will proceed. Usually, the investigator will ask the employers to give a written statement (to defend themselves), copies of company policy, personal files of the complainants or other workers who will be interviewed, and other relevant information.

The investigator also has the right to conduct on-the-site visit even if this may seem disruptive to the company operation. In this way, the EEOC can also interview other workers.

In some cases, the EEOC allows employers to be present while it is conducting an interview with management personnel. However, an investigator has the right to conduct an interview with non-management employees even without the permission or presence of employers.

After an investigation, the EEOC will decide if there is indeed a violation of the labor law. In case that the agency finds no violation, it will notify the complainants and the employers. However, the charging party can still file a lawsuit before a federal court.

Meanwhile, if the EEOC finds that the company has committed unlawful acts against a worker, it will issue a notification called a Letter of Determination showing that certain violations have been committed. The agency will then invite both parties to resolve the issue through a conciliation process.

If conciliation fails, the EEOC usually endorses the case to the federal court. In some cases, it will send a letter of Notice of Right to Sue to the complaining party, allowing them to file a lawsuit before a federal court within 90 days.

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