EEOC has implemented nationwide procedures that provide for the release of Respondent position statements and non-confidential attachments to a Charging Party or her representative upon request during the investigation of her charge of discrimination. Since the position statement is usually written by an attorney representing the employer, the complainant often finds writing the rebuttal to be a daunting and overwhelming task, especially since the position statement typically includes legal arguments that the complainant is likely unfamiliar with. 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. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. When a charge of discrimination is filed with EEOC, the agency has the authority to investigate to determine whether there is a reasonable cause to believe discrimination occurred. Save my name, email, and website in this browser for the next time I comment. Course Hero is not sponsored or endorsed by any college or university. Not every EEOC charge carries the same risk. Morris E. Fischer, LLC 1.14K subscribers 62 Dislike Share 3,039 views Feb 11, 2021 In this latest podcast Mr. Fischer discusses when Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. Find your nearest EEOC office I have seen that brief, story-based, EEOC position statements can actually work better than long, overly-legalistic, expensive position statements prepared by attorneys. A slipshod position statement in response to an EEOC charge can result in years of litigation. Once the paperwork is gathered and the witness interviews complete, its time to craft a written response to an EEOC complaint. Inconsistencies dont have to be glaring to cause serious problems for an employer. Any reference to other charges filed against the Respondent or to other charging parties, unless the other charges are by the Charging Party. While creating your own EEOC position statement is often your best bet, there are still many things to avoid if you want it to be successful. Creating a Legally Sound Remote Work Policy: The 5 Biggest Pitfalls to Avoid, FMLA Cheat Sheet: A Handy At-A-Glance Guide, Gender Identity, Affirmation, & Transition: The Ultimate Guide for HR, Why Good People Jump Ship And What You Can Do To Keep Them, 15 Practical Tools To Help New Employees Succeed. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Members may download one copy of our sample forms and templates for your personal use within your organization. Firms should lay out exactly what those business reasons were. From retail to healthcare, workers are subjected to discrimination and retaliation in the Ms. Archer is a former employment attorney with two of the nations largest workplace law boutiques and a trial attorney for the U.S. A position statement that addresses all the allegations in the charge and provides relevant evidence to support the Respondent's position can help EEOC accelerate the investigation and tailor its requests for additional information. Provide information about any applicable practices, policies or procedures applicable to the allegations in the charge. The EEOC may request interviews of these individuals during their investigation. Need help with a specific HR issue like coronavirus or FLSA? You have successfully saved this page as a bookmark. A position statement focused on the allegations of the charge helps EEOC accelerate the investigation and tailor its requests for additional information. 4 0 obj Just dont overshare in the position statement. With Charging Parties now essentially getting "two bites at the apple" to try to make "their case" with the EEOC, the information which is (and is not) communicated in the Position Statement becomes even more significant/strategic. Please enable scripts and reload this page. Better to discover any inconsistencies at this stage rather than during litigation. The employee, who is white, filed a charge with the EEOC alleging that her company retaliated against her because she had complained about discrimination in a letter written just two and a half months before she was terminated. The EEOC noted in True or False 2. To request permission for specific items, click on the reuse permissions button on the page where you find the item. As always, should you have any questions regarding these new procedures or need assistance responding to an EEOC Charge of Discrimination, please contact Stacie Caraway or any member of our Labor & Employment Law Practice Group. Under what circumstances would EEOC grant an extension of time? stream Conduct that occurs offsite, during the social component of a business meeting is. I'm not only an EEOC-approved trainer, I offer day-to-day employment counseling, workplace audits and investigations, and other prophylactic measures to keep your workplace working while you focus on running your business. Join/Renew Nowand let SHRM help you work smarter. Explain the nature and importance of the job. But its up to organizations to wield it in []. locations in Atlanta, Chattanooga, Nashville and Charlotte, our attorneys provide sound legal advice to The charging party was absent from work for three days and Any reference to charges filed against the respondent by other charging parties. This System permits employers to transmit and receive notices and documents through a secure online portal instead of faxing or mailing the documents to the EEOC. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. 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. 1-844-234-5122 (ASL Video Phone) If the Respondent relies on confidential information in its position statement, it should provide such information in separate attachments to the position statement labeled "Sensitive Medical Information," "Confidential Commercial Information" or "Confidential Financial Information," or "Trade Secret Information" as applicable. Be thorough from the start. EEOC will ask both the Charging Party and the Respondent to provide information as part of its investigation. You will need to review your company policies and relationship with the employee or former employee making the charge. An official website of the United States government. They violated his personal right to privacy, They made We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period. Generally speaking, when you receive an EEOC charge, it typically includes a request for a response in the form of a position statement. The EEOC or state agency then notifies the employer of the charge and, in most cases, requests a formal, written response called a position statement.. We recommend carefully following agency guidance for your EEOC position statement to prevent delays in processing your response to a discrimination claim. Under What Circumstances Can an Employer Sue an Employee? Example 3: Charging Party alleges she was fired because of her age (55): You may submit personnel records documenting the reasons for her termination. var currentUrl = window.location.href.toLowerCase(); Disclaimer: No legal advice is offered in this website. Please purchase a SHRM membership before saving bookmarks. This new procedure is designed However, the EEOC may conduct interviews of non-management personnel without the presence of company representation. Insurance policies require insured parties to provide notice of EEOC claims filed. When writingthe statement, HR may be tempted to speak in generalities. Violations of the laws administered by the EEOC (and State agencies which administer state employment laws) are a threat to employees everywhere. Respondents should upload the position statement and attachments into the Respondent Portal using the + Upload Documents button. With EEOC's new Digital Charge System, Respondents can upload their position statement and attachments into the digital charge file rather than faxing or mailing the documents. Today, nationally recognized and consisting of 26 highly skilled attorneys, The Miller Law Firm holds a reputation as a superior commercial litigation boutique firm. >q[T~Y9[G For example, in Smith v. Shenandoah Valley Juvenile Det. You will receive a link to create a new password via email. Share sensitive Keep the following points in mind as you prepare the response to the charge: An effective position statement is clear, concise, complete and responsive. It is not intended to be taken as legal advice. Employer position regarding each alleged discriminatory act; Company policies or practices regarding the discriminatory allegations; Identification of other parties affected by your company practices; Examples of similar situations where the implementation of company policies or practices did not result in similar allegations; Names of officials taking action related to the discriminatory allegation; A statement regarding the current status or resolution of the matter. When someone files a discrimination complaint against your company with the Equal Employment Opportunity Commission (EEOC), federal law provides you with the right to respond with an EEOC position statement. Again, remind them that they may be called to testify as to its factual accuracy. Be specific about dates, actions and locations applicable to the case. 3Vwuq/eAo\_?w`9M.,p4?l>lw;xG3Pd43pp The Charging Party's response will not be provided to Respondent during the investigation. Download our free white paper to learn more! There is no reciprocal provision allowing employers to obtain any additional responsive information which is provided to the EEOC by the Charging Party. Heres a seven-step process for drafting an airtight position statement. With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies. A lock ( Extensions may be requested, but you need to make any request for extension as early as possible. <>/Metadata 386 0 R/ViewerPreferences 387 0 R>> Lost your password? EEOC. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. ) or https:// means youve safely connected to the .gov website. 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. The EEOC requires the following in separate attachments: Although the EEOC provides employer position statements to the charging party, the EEOC may redact confidential information before release. Not only is a position statement an opportunity to explain why the complainants allegations are false, it also serves as the first impression the employer will make with the EEOCwhich can have lasting effects. Identify any individuals other than the charging party who have been similarly affected by these practices. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. Bad Position Statements Can Sink an Employers' Defense A slipshod Beware: A position statement lacking in detail may lead the EEOC to believe an employer is trying to hide something. } 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. Please confirm that you want to proceed with deleting bookmark. EEOC may also release your position statement and non-confidential attachments to Charging Parties and their representatives and allow them to respond to enable the EEOC to assess the credibility of the information provided by both parties. I would only have a lawyer respond for me. Lay people usually botch these responses because they don't understand what the law prohibits and lay pe I think it is impossible to give generic answers because each case is different . Sometimes we even advise clients not to bother answering because It should clearly explain the Respondent's version of the facts and identify the specific documents and evidence supporting its position. Any inconsistencies between the reasons given over time for the employment decision at issue will damage the companys credibility. And, since the statement can be used in legal proceedings if the case goes to trial, good firms review the response thoroughly and verify the accuracy of every statement. After reviewing this rebuttal, the EEOC investigator may contact the employer to request additional information (or may employ one of the other "follow-up" methods described in the opening paragraph above). $("span.current-site").html("SHRM China "); 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. A qualified employment attorneyunderstands what information is crucial to supporting your version of events and what information may be deemed superfluous or Your statement should directly respond to each claim made against your company and should include your version of the facts. Inform the EEOC if the matter has been resolved or can be resolved, indicating the employers proposal for resolution. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. $(document).ready(function () { @SHRMlegaleditor.. WebEEOC Office of Federal Operations why an earlier decision by a federal agency or EEOC Administrative Judge made a mistake or decided the case correctly. Additionally, further investigations may be requested by the EEOC in determining whether the alleged claim occurred. Provide internal investigations of the alleged incidents or grievance hearing reports. } You know that scientist in the action movie who has all the right answers if only the government would just pay attention? You should always consult with a licensed attorney about the specifics of your situation before taking any legal action. The contact form sends information by non-encrypted email, which is not secure. Heres a brief template on how you could put the EEOC position statement together: Section I: Were Good Guys. Will Respondents receive a copy of the Charging Party's response to its position statement. To request a consultation with an attorney click here. Follow him $("span.current-site").html("SHRM MENA "); They types of evidence EEOC will be seeking may include one or more of the following: 1. During the investigation of a charge, EEOC may request that the Respondent employer submit a position statement and documents supporting its position. More than 150 years of serving clients, put us to work for you. An effective EEOC statement of position adequately responds to the complaint with supportive evidence. The EEOC may request an on-site visit. The EEOC requires you to respond to your EEOC charge via the Digital Charge System. If Respondent believes it requires additional time to respond, it must, at the earliest possible time in advance of the due date, make a written request for extension, explain why an extension is necessary, and specify the amount of additional time needed to reply. Your email address will not be published. Secure .gov websites use HTTPS endobj If the EEOC finds reasonable cause to believe that discrimination occurred, the parties receive a Letter of Determination. EEOC's resource guide for Respondents, "Effective Position Statements," advises Respondents to focus their position statements on the facts relevant to the charge of discrimination and to identify the specific documents and evidence supporting its position. prior tips on position statements that employers should: An effective position statement is clear, concise, complete and responsive, the EEOC emphasized. Will need to review your company policies and relationship with the employee or former employee the. Heres a seven-step process for drafting an airtight position statement and attachments the! Faced with difficult decisions around staffing, pay and benefits. respond to your EEOC charge the. Staffing, pay and benefits. the + upload Documents button or sensitive information in a contact form information! Applicable to the case insurance policies require insured parties to provide information as part of its investigation employer submit position! 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