liability

2972139

As an Affirmative Action Officer, is it with my authority to site, or advise
the CEO/Director on issues that might be issues of potential Liability? Having read the issue in today newsletter regarding DSS. I agree with the courts finding and feel that DSS Affirmative Action Officer/HR should have advised DSS that this could have been a point of Liability. As it turns out, it was. Question, it there some law or point of reference that so states this. Some of us believes that Title VII, Exec. Order 11246, gives us the right to. However, there are those who feels that only legal counsel can site, write or advise as to wheather or not a situation carrys a cause of Liability. Some lawyers have no clue about Civil Rights,the laws regarding Civil Rights or how they are enforced. What's your take on this?

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 03-14-03 AT 11:27AM (CST)[/font][p]My thought is that it depends on how you frame the analyses you present to management. No, you should not conclude and cite that there is a liability issue any more than you should 'find' an employee 'guilty' of 'sexual harassment'. Those are legal conclusions, not HR or Affirmative Action/EEO Officer conclusions. I would suggest that, yes, without question, your position carries an expectation that you will provide feedback to management of your concerns and the bases for your conclusions that certain issues may be problematic for the company. Don't try to jump into the role, however, of playing company attorney. My assessment is that your role is to teach, train, mentor, evaluate, observe, investigate, reach reasonable conclusions, suggest corrective actions and advise management. The least effective EEO officers I've known, and I've known quite a few, were those who perceived themselves as lawyers, went about spouting and pontificating and alarming managers and cultivating discontent among the ranks. If you're in a new role, please guard against those temptations. If you're in an old role, assess yourself and stamp them out if you find them. x:-)

(EDIT)I have never known a lawyer who 'doesn't have a clue about civil rights' and I totally doubt that one exists. I think that's a totally invalid conclusion you have presented to us. My last comment is that I think the very worst way you can approach your job is as a power trip, and I sense a bit of that in your agenda. I hope I'm wrong. Good luck!

2972139

I serve in neither of these position. I feel that my EEO person should
informed Management of potential liability. As a point, I was allowed to ask
this question using her service. In part, because I disagreed with her. I have
spoken with numerous Lawyers regarding EEO law and situations that I have encountered. These Lawyers seem to always need to look into the matter and get back to me. Some have even stated that this is not a area they specialize in. Therefore, it seems to me that they DON'T all have a clue.
I don't believe that the AA officer that I spoke of has or is on a power trip. I think other are within the organization do. I do agree with you, in that I wish her good luck. She is going to need it!

Don D

Sorry. Your post was confusing in that you asked, "As the AA Officer, do I have the authority...." On another note, we should all understand that as soon as lawyers learn the part about how much a Jaguar costs, they move on to the lesson that instructs them to say automatically, "I'll need to research that a bit in order to provide you with a really good recommendation." That allows them to bill you for research, often which occurred 12 years earlier. But, as I now understand your questions, Yes the EEO/AA Officer, if working for the company, does have an obligation to provide appropriate feedback to management, including the assessment that their might be potential liability. If not, why then does the position exist in the first place? There are two reasons to have such a position that I know of: (1) To openly advocate sound personnel practices and, (2) To regularly sit down with management and make recommendations and assess conditions in the best interest of the company.

Theresa Gegen TX

Don,

Most of us drive BMW's!!

Don D

x:-) That's only until you can move up to the Jaguar. Lawyers are willing to 'go slummin' for awhile and drive a BMW or old Mercedes, but not for long. In this part of the country now, we've got about 50 Hummers zipping around driven by attorneys. And to drive home their point further, they've all got the required Ole Miss Law School tag at another 50 bucks. Now that's the ultimate road intimidation. x:-)

Parabeagle

I'll pit my Yale sweatshirt against an Ol' Miss tag any day of the week. x;-)