Compliance is part of construction work. Construction companies that work as federal contractors must abide by certain labor requirements including affirmative action programs, E-Verify for worker eligibility, ACA and more. There are so many compliance requirements, it can be difficult to remember which departments enforce which regulations.
What Does the EEOC Do?
The US Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy and related conditions, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.
Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered. And the EEOC has the authority to investigate charges of discrimination against employers who are covered by the law. If it finds discrimination has occurred, the EEOC will try to settle the charge via mediation or by taking legal action if necessary. The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.
Employers Compliance Responsibility
Complying with EEOC regulations is required for nearly every company, especially those working as federal contractors. The EEOC requires recordkeeping, posting notices and training.
Employers must keep certain records about their employees, regardless of whether a charge has been filed against them or not. EEOC Regulations require that employers keep all personnel or employment records for one year. If an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination.
Under ADEA recordkeeping requirements, employers must also keep all payroll records for three years. Additionally, employers must keep on file any employee benefit plan (such as pension and insurance plans) and any written seniority or merit system for the full period the plan or system is in effect and for at least one year after its termination. These requirements apply to all employers covered by Federal anti-discrimination laws, regardless of whether a charge has been filed against the employer.
When a charge has been filed, employers have additional recordkeeping obligations. The EEOC also collects workforce data from some employers, regardless of whether a charge has been filed against the company.
Employers are required to post notices describing the Federal laws prohibiting job discrimination based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
The EEOC’s “Know Your Rights: Workplace Discrimination is Illegal” poster summarizes these laws and explains how employees or applicants can file a complaint if they believe that they have experienced discrimination. These posters should be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. In addition to physically posting, covered employers are encouraged to post the notice digitally on their websites.
Preventing discrimination starts with training. The EEOC helps employers by providing training and technical assistance via its no-cost outreach and education programs that help them understand and prevent discrimination.
HR software, like a learning management system (LMS), can help employers implement anti-discrimination training company-wide. A cloud-based LMS allows employees to complete training via any device at any time. It also allows admins to set and automate reminder notifications for employees to complete the training and ask them to sign off on your anti-discrimination policy.
Arcoro is committed to helping construction companies maintain compliance. Our HR software solutions provide the tools that make remaining compliant with EEOC laws more attainable.
- Arcoro’s Applicant Tracking System automatically includes the standardized “Equal Employment Opportunity” tagline in all Arcoro job listings and can be configured or removed if necessary.
- Employers can collect and distribute necessary EEO-1 Component 1 and EEO-1 Component 2 data with integrated Arcoro’s Core HR and Payroll software.
Understanding EEOC compliance helps decrease your risk of a discrimination lawsuit but it also builds a better, stronger workforce because more workers feel safer and happier in an inclusive work environment.
Contact us to learn more today.