Report Misconduct

The Problem

The Solution

Due Diligence

Case Study

Articles

Contact

Report Misconduct

The Problem

The Solution

Due Diligence

Case Study

Articles

Contact

Report Misconduct

The Solution

Why We've Never Lost

We Don't Lose.

The Solution

Why We've Never Lost

EmpathiHR offers unparalleled protection by expertly managing employee complaints and investigations, safeguarding your organization against workplace harassment and discrimination claims.

Get in Touch

1,000+ EEOC Charges Successfully Dismissed

Our Mission

EmpathiHR exists to provide employers with a cost-efficient solution to best protect themselves in this ever-changing landscape against charges of harassment and discrimination.

It's not enough to just have a policy and training; employers today must have a consistent process. Time and again, it has been proven that the use of a skilled third party to manage employee complaints and investigations creates the best defense for employers.

What is the
Affirmative Defense?

The Affirmative Defense is a legal doctrine based on the Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth cases and resulting Supreme Court decisions. This two-part defense is available to all employers as a safe harbor to liability stemming from harassment and discrimination claims.

Employer Responsibilities

Employers must be able to demonstrate they have done everything they could reasonably be expected to do to prevent and stop harassment and discrimination from occurring.

Get Started

Employee Responsibilities

Employees must fail to utilize the administrative remedies provided by their employer to make their grievances known.

Get Started

empathiHR’s objective is for its clients to be able to demonstrate to any enforcement agency, or jury, that they have done everything that could be reasonably expected of them to prevent and stop harassment and discrimination in the workplace.

How We Do It

Our comprehensive approach ensures your organization is fully protected and compliant, from policy reviews to thorough reporting.

Policy

EmpathiHR will review specific policies vital to your Affirmative Defense to ensure they are strong and up-to-date. Then, we will include additional language to educate all employees about the services and processes available with EmpathiHR.

Communicate

Generally, employees do not have the time to read through the entire handbook during or after onboarding. EmpathiHR’s proprietary platform documents that all employees have received, read, and acknowledged policies specific to establishing a company's Affirmative Defense to workplace misconduct. This ensures every employee is aware of the company’s process and the resources available to them while further demonstrating the company is doing everything that can be reasonably expected of it to prevent and stop harassment and discrimination in the workplace.

Communicate

Training

EmpathiHR provides federal and state-compliant training courses specifically tailored for both managers and employees, complete with built-in assessments. These courses are mandatory annually to ensure everyone understands their rights and responsibilities as victims or witnesses. Managers, often the first line of defense and potential instigators of misconduct, will be tasked with additional courses to ensure they clearly understand their responsibilities when they become aware of any issues and how to respond. The worst thing a manager can do is nothing.

Hotline

EmpathiHR acts as a neutral third party and provides all employees access to multiple complaint reporting methods with investigators skilled in employee complaint and investigation management. Reporting methods available include direct reporting via the web portal, as well as telephone and email hotline.

Proactive Issue Detection

EmpathiHR engages employees quarterly to identify and address misconduct early, reducing the complaint reporting period from 180 days or 365 days down to 90 days. This approach strengthens Part 2 of the Affirmative Defense, which increases the burden on employees to prove they’ve exhausted administrative remedies while demonstrating a pattern and practice by the employer to prevent and stop misconduct in the workplace.

Investigations

Through the use of mobile video technology, EmpathiHR immediately responds to and engages with complainants to begin investigations. We’ve successfully reduced the likelihood of workplace distractions while improving the integrity of investigations. Employees engage in the interview process from where they feel most safe and comfortable, in a safe and non-confrontational manner, while minimizing loss of time and cost to employers. Clients are provided access to EmpathiHR’s case-management platform to stay up to date throughout the investigation.

Reporting

“If it’s not documented, it didn’t happen!” EmpathiHR documents everything from acknowledgments, training records, questionnaire responses, complaints, and investigations. Whether it's a hotline complaint or an EEOC Position Statement, EmpathiHR will prepare the necessary documentation and draft each report with all available documentation to best protect the client.

“If it’s not documented, it didn’t happen!” EmpathiHR documents everything from acknowledgments, training records, questionnaire responses, complaints, and investigations. Whether it's a hotline complaint or an EEOC Position Statement, EmpathiHR will prepare the necessary documentation and draft each report with all available documentation to best protect the client.

What Else is Included

Federal Compliant Training

EmpathiHR provides employers with training that satisfies federal requirements for both managers and employees.

ADA Compliance

Navigating the ADA, FMLA, and Workers Compensation

Americans with Disabilities Act Compliance for Managers

FMLA Compliance

Understanding the FMLA for Managers

Administering the Family and Medical Leave Act and understanding the FMLA for Employees

Anti-Discrimination for Managers

Intended for front-line supervisors and managers, this course helps supervisors and managers understand what actions and behaviors may be discriminatory and how to better communicate with and lead employees while avoiding discrimination, whether it be inadvertent or intentional.

Safety Training

Emergency Contact Information in the Workplace

Run. Hide. Fight. Surviving an Active Shooter Event
Anti-Bullying

State-Specific Training

EmpathiHR provides employers with training that satisfies the requirements in the following states:

California

Employers with 5 or more employees must provide 1 hour of training to nonsupervisory employees and 2 hours of training for supervisors and managers once every two years.

Connecticut

Employers with 3 or more employees must provide two hours of training to all employees. Employers with fewer than 3 employees must provide two hours of training to all supervisory employees.

Maine

All employers with 15 or more employees must provide training. Additional training required for supervisory and managerial employees.

Delaware

Employers with 50 or more employees must provide training to all employees.

New York

Employers with 1 or more employees are required to provide harassment prevention training.

Illinois

All employers or employers with employees working in Illinois must provide training.

Get in Touch

We Don't Lose.

We Don't Lose.

Our Mission

EmpathiHR exists to provide employers with a cost-efficient solution to best protect themselves in this ever-changing landscape against charges of harassment and discrimination.

EmpathiHR exists to provide employers with a cost-efficient solution to best protect themselves in this ever-changing landscape against charges of harassment and discrimination.

What is theAffirmative Defense?

What is theAffirmative Defense?

How We Do It

How We Do It

How We Do It

Policy

Policy

Communicate

Communicate

Communicate

Training

Training

Hotline

Hotline

Proactive Issue Detection

Proactive Issue Detection

Investigations

Investigations

Reporting

Reporting

What Else is Included