Responding to a Charge of Discrimination

If an employee believes that he or she has been discriminated against at work, they can file a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission (EEOC).  An employee is required to file this Charge with the EEOC prior to initiating a federal discrimination lawsuit.  If you, as an employer, have received a Charge of Discrimination from the EEOC, you must act quick.  The Charge of Discrimination typically sets out the employee's allegations of discrimination or retaliation – what happened, who participated, etc.  The employer then has a strict deadline to respond to the EEOC with their side of the story. The employer should first discuss the allegations with any of the “key players,” gather documents and other evidence, and then prepare a written response.  This is the most important step in the EEOC process, as any statements made or documents produced can be used later in federal court.  Although an employer may respond to the EEOC on their own, it is highly advised to forward the Charge immediately to counsel and have them prepare a response.  Once a written response has been filed, statements taken and documents produced, the EEOC will either make a determination, ask for more information, or request an on-site investigation.  An on-site investigation usually includes reviewing documents, personnel files and interviewing witnesses at the place of employment.  This is also an important time to contact counsel, so that the witnesses can be thoroughly prepared, protected, and to ensure that any requested documents are complete for the investigator's review.  After the EEOC completes their investigation, they will notify the employee and employer of their determination.  Please feel free to contact our firm should you need assistance with the EEOC Charge handling process.