empathihr.com
Management consulting & workplace defense

Stronger decisions.
Time back for your team.

Management guidance, investigations, documentation, and EEOC response support, so your team can focus on running the business.

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Why the record matters

The work you skip today is
the record you need tomorrow

Employee matters require interviews, careful decisions, and follow-up. We provide the experience and capacity to do that work thoroughly.

Facts
The response depends on the conduct, the people involved, and the applicable law
Clear records help establish what happened.
$660M
Recovered by the EEOC for workers in FY2025
Includes a record $528M recovered before a lawsuit was ever filed.
0%
Of resolved EEOC lawsuits in FY2024 ended in a settlement or judgment in the workers’ favor
Agency litigation outcomes do not predict an individual matter.

A clear record supports the decision and reduces time spent reconstructing it later.

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Where the value starts

The employment decision
and the record behind it

Use one experienced resource before a decision, when a concern arises, and when a charge needs a response.

Before the decision

  • Management consulting
  • Write-up support
  • Termination review

When concerns arise

  • Complaint handling
  • Thorough investigations
  • Documented findings

When challenged

  • EEOC charge response
  • Evidence organization
  • Position statements

We provide guidance and carry out the investigation and documentation work. Your leaders retain employment decisions.

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One system. Five pillars.

Everything we do is built on five pillars

Connected support for management decisions, employee concerns, and the records behind your response.

01

Living policies

Policies aligned with your operation, with support maintaining the record as your business changes.

02

Targeted training

Role-specific training with individual completion records, connected to your reporting and response process.

03

Third party hotline

Phone, email, and in-app reporting give employees a direct way to raise concerns outside their management chain.

04

Documented investigations

Thorough, impartial fact gathering and written findings give HR additional investigative capacity.

05

Ongoing consulting

Write-up support, termination review, proactive quarterly engagement, and EEOC response support.

Experienced support strengthens the response and gives your team more capacity for its core work.

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The affirmative defense

A potential defense supported by a documented response

What it is

The Faragher/Ellerth defense may apply to certain supervisor harassment claims without a resulting tangible employment action. The employer must establish reasonable prevention and prompt correction, plus an employee’s unreasonable failure to use available opportunities or otherwise avoid harm.

  • Documented policies, training, and complaint channels
  • Complaints investigated and corrected promptly
  • Evidence relevant to both elements of the defense

Prevention and the response both matter. Counsel assesses whether the defense applies.

When the defense isn’t available

The defense is unavailable when supervisor harassment culminates in a tangible employment action. It also has other limits. Regardless of its availability, the work still matters:

  • A clear, documented business reason
  • Consistent handling across managers and locations
  • A complaint that was investigated, not ignored
  • Organized records for your counsel to review

No program guarantees an outcome. Thorough work gives your response a stronger factual foundation.

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An established resource

Management consulting when the decision matters

What should we do?
What supports the decision?
How should we communicate it?

empathiHR works through it with you

Review the facts and prior action

What happened, what was said before, and how similar situations were handled.

Develop clear documentation

The write-up, the reason, and the expectation, in plain language a manager can deliver.

Prepare the management conversation

Who says what, what to avoid, and what to capture afterward.

An established resource for difficult decisions, with the facts and documentation considered together.

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Corrective action & documentation

Write-ups that explain what happened
and what must change

A vague record

“Poor attitude.”
“Not a team player.”
“We’ve talked about this before.”

A general label leaves important facts and dates unclear.

A useful record

  • The specific conduct and dates
  • The policy or expectation involved
  • Prior guidance and the employee’s response
  • Required improvement and follow up

A factual record supports a fair review of what should happen next.

We help managers turn concerns into clear, factual documentation, with less drafting and revision left to them.

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A consequential management decision

Termination review before
the decision is carried out

Review the facts, documentation, and timing before action is taken.

Business reason

Is the stated reason clear and supported?

Supporting record

Do the records support the action and its timing?

Consistency

How have similar situations been handled?

Execution

What needs to be documented and communicated?

Review before action helps managers consider the facts and identify issues that need counsel’s advice.

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One setup. Ongoing response.

Complaints receive an immediate response
and a thorough investigation

Phone, email, and in-app reporting connect to a consistent process, adapted to the facts of each complaint.

1

Receive the complaint

The employee reaches us directly by phone, email, or in the app. We take the initial statement.

2

Investigate thoroughly

Interview the people involved, on video where possible, and examine the records.

3

Document findings

A written report that explains the evidence, the conclusions, and the limitations.

4

Support next steps

Keep leadership informed as it determines what action to take.

We carry out interviews, review relevant records, and document findings. Your team supports access and decisions while gaining capacity for other responsibilities.

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Why one provider matters

Connected support reduces coordination work

Policies, training, reporting, investigations, and consulting work together. A continuing relationship reduces repeated explanations and scattered follow-up. *Separate providers’ services and coordination vary.

CapabilitySeparate Providers*empathiHR
Policies drafted for your state and industryVaries✓
Training tied to those specific policiesVaries✓
Reporting connected to your policies and response processVaries✓
Investigations connected to your established programVaries✓
One documentation trail, ready for counsel or the EEOCVaries✓
Ongoing consulting and proactive quarterly engagementVaries✓
One established resource for employee mattersVaries✓
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From management action to evidence

The documentation behind your response

The underlying record

  • Policies and training records
  • Relevant communications
  • Write-ups and prior action
  • Interview records and findings

A coherent explanation

  • What happened
  • What management knew
  • Why the decision was made
  • How the organization responded

EEOC charge response and position-statement support

01

Review the charge and relevant records

02

Investigate allegations and develop the chronology

03

Draft the position statement

04

Organize the supporting documentation

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From HRfix through empathiHR

No adverse actions.

Our company-reported record responding to clients’ EEOC charges since HRFix, continuing through empathiHR.

That experience informs our consulting, investigations, and position statements. Past results do not guarantee future outcomes.

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Insurance & workplace response

EPLI and empathiHR serve complementary roles

EPLI may help fund covered claims. We provide the ongoing management guidance, investigation, and documentation work that supports your response.

EPLI

May fund covered defense costs, settlements, or judgments under the policy.

Coverage, defense arrangements, and available support depend on the policy and carrier. Follow applicable notice and cooperation requirements.

empathiHR

Provides management guidance, investigates complaints, and prepares the documentation and charge response.

Adds capacity for employee matters and organizes the relevant records. Coordinate charge response with counsel and your carrier as appropriate.

Coverage and notice requirements depend on your policy. Review with your broker or carrier.

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From onboarding to operating

Set up once. Put the relationship to work.

We establish your program at onboarding. Then we investigate complaints that come to us thoroughly and remain available for ongoing management guidance.

1

Establish

Review your operation, existing records, and priorities. Agree on reporting and communication procedures.

2

Connect

Introduce phone, email, and in-app reporting. Show managers how to use guidance and termination review.

3

Respond

Investigate complaints thoroughly, document findings, and support management follow-through.

4

Stay engaged

Proactive quarterly conversations address business changes, emerging concerns, and management needs.

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.

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The operating value

Time back comes from work we take on

Management & HR

  • Guidance before difficult employee decisions
  • Support drafting write-ups
  • Review before termination
  • Phone, email, and in-app employee reporting

Investigation & response

  • Interviews and record review
  • Written findings and documentation
  • EEOC position statement preparation
  • Evidence kept in one case management system

Your leaders retain the decisions. We help carry the work behind them.

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Stronger decisions.
A documented response.
More capacity for your team.

Where would your team put this to work first?

Tell us where employee matters are taking time or creating uncertainty. We will explain how our ongoing support can work alongside your team.

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