A Friendly Reminder: Even EEOC Guidance Isn't Foolproof

Small business owners, thinking they lack either the resources or the need for full-time HR professionals or general counsel, often turn to the internet to get their advice. I've lamented this approach to risk management before - with free advice you are, after all, getting what you paid for - but admittedly, some online advice is better than others. 

Equal Employment Opportunity Commission "official" guidance is the gold standard for free online advice - ie, it is the best of the worst. It is usually comprehensive and well-sourced. But, setting aside the fact that even regulatory agencies can't keep up with regulatory compliance, there is the simple fact that "official" EEOC guidance is not law. 


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​Earlier this year, the Fifth Circuit Court of Appeals dealt a harsh reminder of this fact when it reminded some Texas litigants that the guidance of the EEOC is subject to court challenge at any time.

Furthermore, the EEOC has a legal mandate to educate the public about compliance with the vast constellation of federal and state anti-discrimination laws, but it plays no role in regulating or enforcing the yet-more-complex laws that govern your employment practices: wage and hour statutes, tax laws, the Affordable Care Act (Obamacare), or rules regarding unions and concerted action. 

That's why you still need a professional. Hours of time Googling around to solve a problem are wasted time doing too-little too-late (since you have waited until the crisis point to take action) on guidance that you can never rely on. Don't use the internet - get an HR professional out to your business today to straighten out your HR policies, your handbook, and to train your supervisors and anyone with hiring/firing authority. Nothing on the internet is going to match that standard.