Responding to an EEOC Charge of Discrimination
When an Indiana business receives an EEOC Charge of Discrimination, the goal is to respond promptly, carefully, and strategically. How the company handles the early stages often determines whether the matter is dismissed, settled, or escalates into litigation. Here is a practical approach to responding to a Charge.
Take the Charge Seriously and Act Quickly
EEOC Charges carry strict deadlines, usually 30 days (sometimes less) to respond. Missing a deadline can weaken the company’s position. As soon as the charge is received, notify senior leadership and engage experienced employment counsel to guide the response and preserve defenses. Most often counsel will request an extension of the response deadline. Such requests are routinely granted by the EEOC.
Preserve Documents and Evidence
Immediately implement a litigation hold. Preserve emails, personnel files, performance reviews, policies, text messages, and any other materials related to the charging party and the alleged conduct. Destruction—intentional or accidental—can seriously harm credibility.
Understand the Allegations and Legal Theory
Carefully analyze what the charging party claims occurred during their employment (e.g., race, sex, age, disability discrimination, retaliation) and under which statute their allegation is based (Title VII, ADA, etc.). Many charges are vague or emotionally framed, so it’s important to identify what the charging party must actually prove and where the charge is weakest.
Conduct an Internal Investigation
Often times a small business will already be familiar with the charging party and what their particular complaint contains. However, larger companies corporate officers may not be privy to what occurred between the charging party and the managers at a particular plant. In such instances, relevant managers and witnesses should be interviewed, policies reviewed, and the relevant timeline reconstructed. Confirm whether the company followed its own procedures and applied them consistently or if an aberration occurred. Legitimate, well-documented business reasons—such as performance issues or policy violations—are often the strongest defense and can defeat a Charge.
Prepare a Strong Position Statement
The Position Statement is the company’s primary opportunity to tell its side of the story. It should be prepared by legal counsel and should be:
- Clear, factual, and professional
- Supported by documents
- Focused on legitimate, nondiscriminatory reasons
- Free of emotional or retaliatory language
A well-written position statement can lead to early dismissal of the charge.
Avoid Retaliation at All Costs
Retaliation claims are among the most common and easiest for employees to prove. Ensure no adverse actions are taken against the charging party or witnesses because of the EEOC charge.
Conclusion
A calm, clearly stated, well-documented, and legally guided response to the Charge puts a private company in the strongest possible position and often leads to dismissal by the EEOC before the dispute ever reaches court.
The attorneys at May Oberfell Lorber, LLP are well versed in counseling clients who face discrimination allegations by an employee. The foregoing article is meant for informational purposes only and does not constitute legal advice.