What is the most common complaint that local government is found liable for in an EEOC complaint?

The most common basis for liability in an EEOC complaint relates to the failure of local governments to adequately investigate complaints. When an employee raises a concern about potential discrimination or harassment, it is the obligation of the employer, including local government entities, to conduct a prompt and thorough investigation. If an employer fails to take the necessary steps to investigate these complaints, they can be found to have created an environment that tolerates discrimination or harassment.

An inadequate investigation can lead to the perception that the employer is ignoring employee rights, which not only perpetuates a hostile work environment but also impacts the organization's liability. Therefore, the lack of a proper investigative response is a fundamental failure that can expose the government to legal consequences, making this the most prevalent issue in EEOC complaints.

While retaliation against a complainant is also a serious concern and can lead to liability, the initial duty to investigate and address complaints sets the stage for all other related issues. Discrimination based on age or other protected characteristics could fall under the investigation umbrella but does not directly address the procedural responsibilities of the employer in handling complaints, which is why the failure to investigate rises to the most common complaint leading to liability. Neglect in duty allocation, while an important concern, is more about resource