The Affirmative Defense Program
Build a working program around your people and your decisions: policies, training, employee reporting, thorough investigations, and ongoing consulting. We help your team put the program to use, maintain the record, and respond when a complaint or EEOC charge arrives.
A documented response starts with everyday practice
Policies, reporting access, training, and follow-through help your organization respond to workplace concerns. We connect that work so your team can use it and document what it does.
One program. Five integrated components. One coordinated system.
The components work together as an ongoing resource for your people, HR team, and managers. The value comes from putting them to use throughout the year.
Pillar 1: Living Policies
Practical policies help employees understand expectations and managers respond consistently. We help align the written program with how your organization operates.
Pillar 2: Targeted Training
Give employees and managers relevant harassment and discrimination training. Document participation and reinforce how to report and respond to concerns.
Pillar 3: Third-Party Hotline
Phone, email, and in-app reporting give employees another route to raise concerns, alongside your internal process. Reporting connects to documented follow-through.
Pillar 4: Documented Investigations
When complaints come to us, we investigate thoroughly. Interviews, relevant records, and factual findings give your organization a clearer basis for its response.
Pillar 5: Ongoing Consulting
Use empathiHR for write-ups, termination review, documentation, EEOC charge responses, and position statements. Proactive engagement each quarter keeps concerns and follow-up in view.
Insurance and prevention work together
EPLI may help cover specified costs. Your workplace program supports prevention, investigation, and documentation. Both have a role; neither guarantees an outcome.
- Receive employee concerns and investigate the underlying facts
- Create the record of your policies, training, and response
- Make management decisions or carry out corrective action
- Accessible reporting, thorough investigations, and documented follow-through
- Practical support for management decisions and EEOC responses
- A record counsel can assess when evaluating applicable defenses
Coverage depends on your policy’s terms, limits, exclusions, deductibles, and notice requirements. Confirm your obligations with your broker, carrier, and counsel.
Set up once. Put the program to work.
One established relationship for prevention, management guidance, investigations, and follow-through.
- 1
Establish the Relationship
At onboarding, we review your current practices and establish contacts, reporting procedures, and how our team works with yours.
- 2
Put the Program to Work
Connect policies, training, reporting access, and consulting so employees and managers know how to use the resource.
- 3
Investigate & Document
As complaints reach us, we investigate thoroughly and document findings. We support management follow-through and help prepare charge responses when needed.
- 4
Stay Engaged Each Quarter
Proactive quarterly engagement keeps the relationship active. Your team can also turn to us between those engagements as employee matters arise.
Common questions
What is the Faragher/Ellerth affirmative defense?
How does this work with EPLI insurance?
How is this different from a training course or hotline?
How is the relationship established?
Does the program guarantee protection?
Build your defense before you need it.
Give your team an experienced resource before the next difficult employee matter arrives. Start with a conversation about your organization and how we can support it.