This is the second article in a series explaining how Employee Handbooks play a critical role in preventing successful lawsuits. This post focuses on a EEOC Statement that should be considered when writing an Employee Handbook.

Equal Employment Opportunity Statement

It is imperative that all employers adopt an Equal Employment Opportunity (“EEO”) Statement.  Under certain circumstances, employers may avoid vicarious liability (liability for the acts of another) and/or punitive damages in a discrimination or harassment lawsuit if it can show that a supervisor, manager or other employee (the bad actor) acted in contravention to an employer’s EEO policy.

Sample:

The Company is an Equal Opportunity Employer.. This means that the Company endorses the policy that recruiting, hiring, promoting, training, transfers and other personnel activities are to be accomplished without regard to such factors as race, color, sex, age, religion or national origin, veteran status, or physical or mental disability if basic job qualifications are met.

Discrimination on any of these bases is prohibited. Anyone found to be engaging in any type of unlawful discriminatory behavior will be subject to discipline, up to and including termination of employment, at the discretion of the Company. All members of management are fully advised of their responsibility to comply with this policy.  The President shall be primarily responsible for implementing and overseeing this policy, in conjunction with the Human Resources Department.