PHR practice question 11 of 25

Beth works for the HJR Corporation and she feels that she has been discriminated against by her supervisor. Beth would like to file a charge with the EEOC but she's afraid of the repercussions and she doesn't want her identity exposed. Beth asks a lawyer to file the charge for her so she can remain anonymous. Is this legal?

Answer options

A: It depends on the state where the charge is being filed, as some states allow anonymous filings while others do not.

B: No, the person who has been discriminated against must file her own charge.

C: No, the person who files the charge cannot remain anonymous.

D: Yes, the person who files the charge can have someone else file the charge on their behalf to protect their identity. Correct answer

Correct Answer:

D. Yes, the person who files the charge can have someone else file the charge on their behalf to protect their identity.

Explanation

The U.S. Equal Employment Opportunity Commission (EEOC) regulations permit a charge to be filed on behalf of an individual claiming to be aggrieved. This can be done by another person, an agency, or an organization. The purpose is to protect the identity of the aggrieved person, especially when they fear retaliation from their employer. While the person's identity must be disclosed to the EEOC, the Commission can, upon request, keep the individual's identity confidential from the employer during the investigation phase. This procedure allows for the protection of the employee while ensuring the claim can be properly investigated.

Why Incorrect

A. This is a federal regulation under Title VII, administered by the EEOC, and is not dependent on state laws.
B. EEOC regulations explicitly allow a charge to be filed "on behalf of" an aggrieved person by a third party.
C. While the person is not anonymous to the EEOC, their identity can be kept confidential from the employer during the investigation.

References

1. U.S. Equal Employment Opportunity Commission. (n.d.). Title 29 C.F.R. Part 1601 - Procedural Regulations. Section 1601.7(a) states, "A charge on behalf of a person claiming to be aggrieved may be made by any person, agency, or organization."

2. U.S. Equal Employment Opportunity Commission. (n.d.). How to File a Charge of Employment Discrimination. Retrieved from the official EEOC website, which outlines the process, stating, "A charge may be filed by any person or by an organization on behalf of another."

3. Pincus, L. B., & Belcourt, M. (2016). Strategic Human Resources Planning (6th ed.). Nelson Education. Chapter 3 discusses the legal environment, including the EEOC complaint process, which aligns with these procedures.

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