10.4 Title VII, ADEA, EEO, Harassment, and Retaliation

EEO Issue Spotting

Equal employment opportunity questions often begin with ordinary HR actions: hiring, promotion, discipline, scheduling, pay, training, performance management, or termination. The legal issue appears when the facts suggest protected status, harassment, retaliation, inconsistent treatment, or a selection practice that may unfairly exclude a group.

Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin. EEOC materials also describe Title VII coverage for sex discrimination including pregnancy, sexual orientation, and transgender status. The Age Discrimination in Employment Act (ADEA) protects people who are 40 years of age or older from age discrimination in employment.

Complaint Intake and Investigation

HR should not require magic words. An employee does not have to say Title VII, ADEA, protected class, or hostile environment for HR to act. If the facts suggest discrimination, harassment, or retaliation, HR should begin the appropriate intake process.

A fair investigation is prompt, neutral, and documented. HR should identify allegations, witnesses, documents, policies, prior complaints, comparators, and relevant timelines. Confidentiality should be limited to those with a need to know, but HR should not promise absolute secrecy because investigation may require interviews and disclosure of some facts.

Retaliation Prevention

Retaliation risk is common because complaints can be disruptive. The exam may describe a supervisor who wants to cut hours, change a schedule, issue discipline, or exclude an employee after the employee complained. HR should review whether the action is supported by documented, legitimate, consistent reasons and whether timing creates risk.

• Remind managers not to punish employees for complaints or participation.
• Continue legitimate performance management with clear documentation.
• Apply policies consistently across similarly situated employees.
• Protect witnesses and participants from intimidation or exclusion.
• Document the basis for decisions made after protected activity.

Harassment questions test whether HR acts before conduct escalates. Inappropriate conduct tied to a protected status should be addressed through policy, training, investigation, and corrective action. HR should not dismiss complaints as personality conflict without reviewing the protected-status facts.

Selection and testing questions also matter. A test or screen should be job-related and applied consistently. HR should be cautious when managers use informal preferences, stereotypes, age assumptions, accent bias, family-status assumptions, or customer preference as decision criteria. The PHR answer usually returns to objective job requirements, consistent process, documentation, and prompt correction of misconduct.