Now that you have completed your EEOC position statement and filed it pursuant to the Digital Charge System, you may wonder what to do next. We know the required elements for a strong EEOC position statement and understand the complexity of the EEOCs investigative process. DISCLAIMER: This article conveys general legal information. You will need to review your company policies and relationship with the employee or former employee making the charge. EEOC will not release the Charging Party's response, if any, to the Respondent. Fortunately,I just discovered this EEOC resource on Effective Position Statements.And, since Ive buried the lede for long enough, here are nine EEOC tips to make your Position Statement shine: Also, if you have confidential documents, make sure that you check three boxes: If you have more questions about EEOC Position Statements, check out this resource. The Charging Party's response will not be provided to Respondent during the investigation. While this process can be lengthy, its not nearly as time-consumingor costlyas the legal exposure you may face if you dont put in the effort upfront. Example 4: Charging Party alleges termination because of pregnancy: You may submit documentation showing your reason for terminating CP. Follow him This response may be in writing, or the Charging Party may contact the investigator over the phone. endobj Further, deposition testimony from Shenandoah Valley management officials conflicted with the position statement submitted long before the emplyee had filed the lawsuit. Required fields are marked *. Sign up for a free HRMorning membership and get our newsletter! A lock ( The position statement should only refer to, but not identify information that the Respondent asserts is sensitive medical information, or confidential commercial or financial information. For more information on creating EEOC position statements, order the webinar recording of EEOC Position Statements Explained: Your Organizations Response to Discrimination and Retaliation Charges. To register for a future webinar, visit http://store.blr.com/events/webinars. 1-800-669-6820 (TTY) The Charging Party's response will not be provided to the employer during the investigation. An effective position statement is clear, concise, complete and responsive. I will be If youve everhad to addressa Charging PartysEEOC Charge of Discrimination, you know that drafting a good Position Statement, in which the specific claims of discrimination are addressed and supported with documents and facts is hella-key. As businesses continue to evaluate what their workforce needs in an employee-centric tomorrow, the need for strategic human resource management grows. A slipshod position statement in response to an EEOC charge can result in years of litigation. info@eeoc.gov Your session has expired. Before an employee can sue an organization for violating anti-discrimination laws, he or she must file a charge with the Equal Employment Opportunity Commission (EEOC) or a similar state agency. SHRM Employment Law & Compliance Conference, EEOC Position Statement Procedures Released, New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, White House Takes Action Against Migrant Child Labor, Federal Lawmakers Propose Ban on Noncompete Agreements, When US Employment Laws Apply Abroad and When They Dont. Position Statement 7; Respt Mot. Agnes is very good at her job andMorges fears threatened by her.Over a period of several months he routinely criticizes, Hannah and Hugo have entered into a contract, but Hannah is unhappy and is suing Hugo for breach of contract. Firms should lay out exactly what those business reasons were. Please purchase a SHRM membership before saving bookmarks. x][S~0O[F[)d9 }p >elbni$0 If you want a nerdy employment-lawyer brain to help you solve HR-compliance issues proactively before the action sequence, as a Partner of a national law firm, FisherBroyles, LLP, Im here to help. The rebuttal statements provide, essential information and evidence for your consideration and identify that my termination was sorely based on, false statements as raised by the respondents. Practical HR Tips, News & Advice. stream Employers relying on confidential information in responding to a Charge should provide this information in separate, clearly-labeled attachments. The contact form sends information by non-encrypted email, which is not secure. So, keep position statements short, sweet and to-the-point., Allen Smith, J.D., is the manager of workplace law content for SHRM. $('.container-footer').first().hide(); Beware: A position statement lacking in detail may lead the EEOC to believe an employer is trying to hide something. Get access to 100's of HR resources in HRM INSIDER. $("span.current-site").html("SHRM MENA "); Responding to a charge of discrimination usually involves two components: preparation of an employer's "position statement;" and Heres a seven-step process for drafting an airtight position statement. $(document).ready(function () { #I. Its essential to make sure any reasons given for an employment action are well-documented, agreed upon by all decision-makers and carefully articulated. endobj Confidential commercial or financial information. 1-800-669-6820 (TTY) It should clearly explain the Respondent's version of the facts and identify the specific documents and evidence supporting its position. The assistant superintendent subsequently shared the information with the superintendent, who then called the supervisor at the employees part-time job and confirmed that she had worked the previous day. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. Information that should be put into separate attachments includes: The EEOC will not accept unsupported assertions of confidentiality. Equal Employment Opportunity Commission. If you later move your flag to another hill (i.e., change your story), you may lose the war. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. z"~Rtkna06P2Zi,21Oli~\s)i5@u3Un-vwV Matthew K. Fenton. The new procedures ensure only that both parties will have access to the first formal document received from the Charging Party (the Charge) (which they already do now under the current Charge Response process) and the first formal document received from the employer (the Position Statement). 3Vwuq/eAo\_?w`9M.,p4?l>lw;xG3Pd43pp A Respondent generally has 30 days to gather the information requested and to submit its position statement and attachments to the EEOC. Please enter your username or email address. This allows you to tell the companys side of the situation at hand. Rebuttal to employer response in EEOC charge I had filed an EEOC charge of race, sexual harassment and retaliation against my previous employer. Medical information about the Charging Party shall not be deemed sensitive or confidential medical information in relation to the investigation. Home addresses, personal phone numbers and personal e-mail addresses. EEOC will ask both the Charging Party and the Respondent to provide information as part of its investigation. Label them as Sensitive Medical Information, Confidential Commercial or Financial Information, or Trade Secret Information as applicable. Obviously the answer depends on the specifics of the situation, but you may be surprised to learn that sometimes handling it on your own can have a better outcome than going with a response full of legal jargon and case law. Once the Position Statement has been submitted, you will not be able to retract it via the Portal. Position statements, along with any supporting documentation, are an employers opportunity to lay out their own version of what happened. Inform the EEOC if the matter has been resolved or can be resolved, indicating the employers proposal for resolution. Do not attach confidential documentsto the Position Statement. } 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 The EEOC also has released two sets of frequently-asked questions -- one geared toward employers and one toward Charging Parties -- relating to these new procedures on its website. Im a trial-tested, experienced litigator that has represented companies of all sizes in a veritable alphabet soup of employment law claims, such as the ADA, ADEA, CEPA, FMLA, FLSA, NJLAD, PHRA, Title VII, and USERRA. Additionally, further investigations may be requested by the EEOC in determining whether the alleged claim occurred. A .gov website belongs to an official government organization in the United States. Members can get help with HR questions via phone, chat or email. Learn how integrated behavioral health rooted in primary care is key to supporting employees mental and physical well-being. Upon conclusion of their investigation of the allegation, the EEOC decides the employees complaint on the merits. What do Respondents need to do to comply with these new procedures? The EEOC will review this justification and the submitted documents to redact any confidential information. Identify any individuals other than the Charging Party who have been similarly affected by these practices, policies or procedures; describe the circumstances in which the practices, policies, or procedures have been applied. Supporting documentation should include the following: In many instances, an EEOC discrimination charge may eventually result in litigation. 1-844-234-5122 (ASL Video Phone) "This responds to the charge of discrimination filed by [name of Charging Party] against the company in which Charging Party alleges he was discharged because of his Some EEOC offices will send a copy of the statement to the complainant or his or her attorney. How should Respondent handle confidential information when submitting the position statement and attachments to the EEOC? Today, nationally recognized and consisting of 26 highly skilled attorneys, The Miller Law Firm holds a reputation as a superior commercial litigation boutique firm. var currentUrl = window.location.href.toLowerCase(); If the EEOC decides not to litigate the discrimination charge, the charging party receives a Notice of a Right to Sue and may file a lawsuit in federal court within 90 days of the EEOC determination. <0j_y'gv\(gGrvn6[6i Please purchase a SHRM membership before saving bookmarks. For this reason, its essential to consider your tone, language, and confidential information provided. This supports effective and efficient management of the charge workload to focus the agency's resources where government enforcement can have the greatest impact. 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