One system that carries the work behind your employment decisions and builds your defense along the way.
Most employers never build the record. Not because they don’t care. Because nobody on the team has the time.
An undocumented decision is hard to defend. And it took just as long to make.
Every employment decision has three moments. We carry the work at each one.
At every step, we carry the work. Your leaders keep the decision.
Each pillar takes a job off your plate. Together they build the record that protects you.
Written for your state and industry, refreshed every year. You stop rewriting the handbook.
Role specific and documented by individual. You stop chasing sign in sheets.
Phone, email, and app reporting, answered by people who know your policies. Your managers stop being the complaint desk.
Video documented interviews and written findings. HR stops running investigations on top of the day job.
Write up support, termination review, quarterly check ins, EEOC response. You stop guessing.
The affirmative defense is one thing this system produces. The time back is the other.
When a supervisor is accused of harassment and the employee was not fired, demoted, or docked, an employer can raise a defense if it can show it took reasonable steps to prevent and correct problems, and the employee had a clear way to complain and didn’t use it. It’s called the Faragher/Ellerth affirmative defense.
You have to build it before the complaint arrives. After the fact is too late.
If a termination, demotion, or pay cut is part of the complaint, the defense is off the table. The system still puts you in a better position than you would otherwise be in:
The goal is to never get there. The system is how you avoid it.
What happened, what was said before, and how similar situations were handled.
The write up, the reason, and the expectation, in plain language a manager can deliver.
Who says what, what to avoid, and what to capture afterward.
One call, usually the same day. Not a week of second guessing.
“Poor attitude.”
“Not a team player.”
“We’ve talked about this before.”
Reads like an opinion. Proves nothing about what happened or when.
Reads like a fact pattern. Supports the next decision, whatever it is.
We help managers turn concerns into clear, factual documentation. Faster than they would write it alone.
Four questions, answered before anyone is walked out.
Is the stated reason clear and supported?
Do the records support the action and its timing?
How have similar situations been handled?
What needs to be documented and communicated?
A review takes a phone call. An unemployment hearing or a charge takes months.
Phone, email, or app reporting. Every complaint follows the same path.
The employee reaches us directly by phone, email, or in the app. We take the initial statement.
Interview the people involved, on video where possible, and examine the records.
A written report that explains the evidence, the conclusions, and the limitations.
Keep leadership informed as it determines what action to take.
Your team doesn’t spend days or weeks taking statements and chasing witnesses. We do. All evidence lives in a case management system your leadership can access and export when needed.
The EEOC and the courts look at whether you had a coherent system, not a stack of separate contracts. So does your calendar: one provider means one call.
| Capability | Separate Vendors | empathiHR |
|---|---|---|
| Policies drafted for your state and industry | ◬ | ✓ |
| Training tied to those specific policies | ✗ | ✓ |
| Hotline staff who know your policies and people | ✗ | ✓ |
| Investigations by the same team that trained your staff | ✗ | ✓ |
| One documentation trail, ready for counsel or the EEOC | ✗ | ✓ |
| Annual refresh across every pillar | ✗ | ✓ |
| One vendor to call, one contract, one invoice | ✗ | ✓ |
Review the charge and relevant records
Investigate allegations and develop the chronology
Draft the position statement
Organize the supporting documentation
Our record responding to EEOC charges for clients who fully implemented the system.
That experience informs how we advise managers, investigate complaints, and build the record.
Insurance responds after the claim. The system does the work that keeps most claims from getting there, and builds what the carrier will ask for if one does.
May fund covered defense costs, settlements, or judgments under the policy.
Doesn’t prevent the complaint, run the investigation, or write the response. Many policies expect a documented program to already exist.
Provides management guidance, investigates complaints, and prepares the documentation and charge response.
Does the day to day work your team would otherwise carry, and produces the record the policy assumes you have.
Coverage and notice requirements depend on your policy. Review with your broker or carrier.
One time onboarding. After that, there is no scope setting for each complaint. You call, we go.
Map your handbook, training records, and complaint handling. You get a written gap report.
Policies, training rollout, hotline activation, investigation playbook, and the consulting cadence.
Acknowledgments, call logs, investigation reports, and distribution records, generated as you go.
Annual policy refresh and updated training. Quarterly check ins to work through what is changing.
Proactive engagement each quarter. A scheduled conversation about changes in the business, recurring questions, management and documentation needs, and priorities for the next quarter. We stay engaged between complaints.
Your leaders retain the decisions. We help carry the work behind them.
Where would your team put this to work first?
A 30 minute conversation shows you where the time is going today and what we would take off your plate.