Update From the EEOC: New Charge-Handling Procedures

Nicholson,Travis (2)By Travis Nicholson

EEOC has implemented new procedures to be followed in all of our offices for the submission and release of position statements. The procedures apply to EEOC requests for position statements to employers made after Jan. 1, 2016. The purpose of the new procedures is to advance investigations by facilitating more pertinent information from both parties, including a response from the charging party.

An effective position statement is clear, concise, complete and responsive. EEOC recommends these practices for employers:

  • Submit position statements that are fact-based and thorough;
  • Ensure that the position statement focuses on the allegations in the charge;
  • Provide relevant documentation, evidence, and/or information that supports the employer’s position;
  • Segregate confidential information in attachments, including personally identifiable information, sensitive medical information, confidential financial information, etc.

Using EEOC’s Digital Charge System, respondents should upload their position statement and attachments into EEOC’s digital charge file within 30 days of receiving EEOC’s request, segregating confidential information into separately marked attachments.  EEOC will review the submissions before providing the position statement and non-confidential attachments to charging parties who have requested the information. Charging parties will be reminded that the information is being made available to them as part of a confidential law enforcement investigation, and should only be shared with individuals who have a need to know, such as their representative. The charging party’s response will not be shared with respondents.

EEOC has prepared a guide for respondents on how to submit an effective position statement. Additional information on the new procedure is available on  EEOC’s website, including a FAQ page.

EEOC is responsible for enforcing federal laws prohibiting discrimination in employment. Further information about the agency is available on its website in both English and Spanish or by calling its toll-free number at 1-800-669-4000. EEOC’s toll-free TTY number is 1-800-669-6820.

We are happy to assist you.