Here is an organizational chart of the EEOC process, which can be found on the EEOC website: www.eeoc.gov/employees/upload/charge_status_flow_chart.pdf you can upload your position justification and attachments to the Complaints Portal via the + Download Documents button. Select the Document Type Location Declaration and click the Save Download button to send the location and attachments to the EEOC. Once the position paper has been submitted, you will no longer be able to withdraw it via the portal. Once the indictment is received, the EEOC will provide the employer with a copy of the indictment and assign an EEOC investigator to the case. At this stage, the employer has the opportunity to respond to the indictment in a written position paper. It may take months after the initial submission for the employer to submit a return. In this statement, the employer usually provides its own version of the facts. They can respond to the opinion with a written response, known as a rebuttal. Rebuttal is an opportunity for you to expand your personal experience of discrimination or retaliation with additional facts and provide legal analysis of all claims. At present, legal counsel is in your best interest, as the accusing party is able to file a rebuttal with the relevant case law and arrange any legally significant facts.

When a charge of discrimination is filed with the EEOC, the Agency has the authority to investigate whether there are reasonable grounds to believe that discrimination has occurred. The EEOC will ask both the collecting party and the defendant to provide information as part of its investigation. The EEOC may request documents, information, or interviews specific to your organization about fees. In most cases, the EEOC invites the defendant to submit a statement (known as a “position statement”) with supporting documentation. The purpose of this document is to explain how respondents can create effective position statements. Your response should focus on the facts and identify specific documents and evidence that support your allegations of discrimination or that challenge the defendant`s position. If you are an employer in Colorado and need help responding to EEOC`s allegations of discrimination, or if you need help building anti-discrimination defenses, or if you need help writing an EEOC position statement in Colorado, advice on building anti-discrimination defenses, Contact our workplace discrimination lawyers and employers in Denver at 1-866-601-5518 for a FREE INITIAL CONSULTATION. You should also be aware that the EEOC may share your opinion with the party concerned and its representatives. The calculator part also has the option to respond to your statement even if you can`t read it. Instead, you can access the answer later in a lawsuit. If you do not comment on or respond to the EEOC`s requests for information, the EEOC may directly make a decision on the merits of the indictment on the basis of the information available to it or the subpoena of specific information related to the allegations contained in the indictment.

If the indictment turns into a trial, the statement and all supporting documents may be admitted as evidence. The discrepancies between the reasons given over time for the employment decision in question undermine the credibility of the undertaking. Example 2: The accusing party claims to be a victim of racial discrimination in compensation: You can submit pay documents showing that the compensation of all employees in positions comparable to the indicting party, as well as information about their racial category, the criteria for determining compensation, and how each employee`s compensation was determined. Example 1: The accusing party alleges sexual harassment: You may submit statements or affidavits from witnesses with direct knowledge of the alleged events and/or the alleged harasser responding to CP`s allegations. The EEOC also requires you to provide any written evidence that you believe will address the prosecution`s allegations. If you only file a plea statement that is not supported by documentary evidence, the EEOC may conclude that the defendant has no evidence to support his or her defense against the prosecution`s allegations. If someone files a discrimination complaint against your company with the Equal Employment Opportunity Commission (EEOC), federal law gives you the right to respond with an EEOC statement. The process for rebutting the EEOC opinion makes it clear that if an employer simply denies the allegations without providing supporting information and is an adequate defence against discrimination, this will not be effective and will eventually give the employee a positive right to sue. As a result, CEOs may take the risk of responding with a letter of rebuttal from the EEOC that does not include all the facts and circumstances.

We recommend that you carefully follow the agency`s instructions for your EEOC review to avoid delays in processing your response to a discrimination complaint. The EEOC generally gives the respondent 30 days to collect the requested information and submit comments and appendices. The EEOC invites you to submit your response within 20 days of the date the EEOC sent you the respondent`s opinion. If we have the email address of you or your representative, we will email it to. The EEOC requires you to meet your EEOC fees through the digital billing system. The EEOC will then make your position and non-confidential attachments available to relevant parties upon request. These procedures apply to all EEOC requests for comments sent to respondents on or after January 1, 2016. You must immediately contact the investigator in charge of your case. You should ask them any questions you may have about the respondent`s opinion. Many business leaders don`t realize how important this statement is. If employers do not formulate a comprehensive, clear and consistent position, they may not be able to successfully defend themselves on the street. Therefore, hiring a qualified labour lawyer to guide you through the process can limit delays and strengthen your case.

While there is no requirement for legal representation, failure to consider all the necessary elements in your EEOC review may result in an adverse investigation of the claim. The notice must be signed by an agent, agent or representative of the respondent who has the authority to speak officially on the respondent`s behalf. A statement is not only an opportunity to explain why the complainant`s allegations are false, but also serves as a first impression that the employer will leave on EEOC – which can have lasting effects. Strive to be both clear and concise. EEOC staff do not have unlimited time to read a long statement. Plus, you`re just “locking” long statements into a story that could change if you do more research. Keep positioning as simple as possible. No. The EEOC will publish the defendant`s notice and non-confidential appendices after we remove the confidential information from the documents. Respondents are asked to include confidential information in separate appendices to the notice entitled “Sensitive Medical Information”, “Confidential Business Information” or “Confidential Financial Information” or “Trade Secrets” to expedite the review of the information by the EEOC. An effective EEOC opinion adequately responds to the complaint with supporting evidence. The statement is an important tool to refute the accusations of the accusation against your company.

At the same time, position statements are full of landmines for the unwary. Providing too much information, locking oneself into a story before a proper investigation is conducted, and revealing confidential information are just some of the issues that await companies trying to write a statement themselves. A botched statement in response to an EEOC indictment can result in years of litigation. The EEOC will provide a copy of your EEOC statement to the employee or former employee who is laying the charges against you. That`s why it`s important to consider your tone, language, and confidential information. The notice should refer only to information that the defendant identifies as sensitive medical information or confidential business or financial information, but that does not identify it. Where the defendant bases its opinion on confidential medical or business information, it should provide that information in separate annexes to the notice, entitled “Sensitive Medical Information”, “Confidential Business or Financial Information” or “Secret Business Information”. .