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An EEOC Audit May Be Coming Soon: Are You Prepared?

Nearly every business will, at one time or another, receive an EEOC charge of discrimination - are you prepared for an audit?Today the EEOC is employing new and more aggressive tactics to uncover situations of broad-scale, group discrimination. While a charge of discrimination may be commonplace, an EEOC request for additional data, subpoena, or request for an onsite investigation will likely catch even the most experienced HR professionals off-guard. This material will help business owners, HR professionals, and in-house attorneys understand the EEOC's primary objectives in seeking additional data and conducting full audits. Learn key techniques for responding to the EEOC's various requests that will significantly reduce the risk of continued EEOC attention. Moreover, in the event the EEOC comes onsite to conduct an investigation, this information will provide key insights into how to prepare for the onsite, what to expect when the EEOC is in the building, and how to respectfully assert your rights during the process. During this unprecedented time of aggressive EEOC enforcement, this information is critical for employers so they can protect their interests during an EEOC audit.


Runtime: 87 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Not All EEOC Charges Are Created Equal

  • Understanding the Difference Between Disparate Treatment (Individual) and Pattern or Practice and/or Disparate Impact (Group) Discrimination
  • The Position Statement Is Critical
  • EEOC More Likely to Conduct a Full Audit Where It Suspects Group-Wide Discrimination
  • Beware of the EEOC Request for Additional Information - Particularly Requests for Large Groupings of Employee Data
  • Issues Related to EEOC/OFCCP Seeking Company-Wide Pay Data on the EEO-1

The Dreaded EEOC Request for Additional Information

  • Why Would My Company Receive a Request for Additional Information?
  • What Additional Information Is the EEOC Looking for?
  • How Can We Challenge a Request That Is Overly Broad, Unduly Burdensome, or Seeks Irrelevant Information?
  • How Does My Company Respond to an EEOC Subpoena?

An EEOC Onsite - the EEOC Is Coming, the EEOC Is Coming...

  • How to Prepare in Advance of the Onsite
  • Latest Legal Developments in EEOC Onsite Investigations - EEOC v. Nucor Steel Gallatin Inc.
  • What to Expect When the EEOC Is There
  • Can a Company Representative Participate in Interviews?
  • How to Deal With Both Written and Tape Recorded Witness Statements

The Aftermath

  • What Was the EEOC Looking to Find?
  • How the EEOC Reviews and Analyzes the Information Obtained
  • What's Next - Options for Resolution
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on April 12, 2018.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0
     
  • This program may qualify for 2.0 credit hours through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • HI CLE 1.25
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours.
     
  • IL CLE 1.25
     
  • This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.0
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 12.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.45
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.45 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of self-study CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • SHRM 1.25
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.25 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Colin Barnacle

Colin Barnacle

Akerman LLP

  • Partner in the Denver office of Akerman LLP
  • Practice emphasizes all aspects of labor and employment, with particular emphasis on EEOC and OFCCP class action litigation and systemic discrimination investigations
  • Conducts regular seminars and workshops on numerous key labor and employment areas including, but not limited to, EEOC and OFCCP defense, affirmative action compliance, conducting workplace investigations, and FLSA and ADA/FMLA compliance
  • Wrote several publications related to the areas of the EEOC and OFCCPs systemic discrimination initiatives and FLSA/wage and hour collective and class actions
  • Former in-house head of International Labor & Employment compliance at The WhiteWave Foods Company and The Gates Corporation
  • J.D. degree, University of Denver Sturm College of Law; B.A. degree in political science, Amherst College
  • Can be contacted at 303-260-7712 or [email protected]
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 401899
Published 2018
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