Subscribe to receive messages about the latest news, alerts and events. 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. Confidential commercial or financial information. Your session has expired. 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. z"~Rtkna06P2Zi,21Oli~\s)i5@u3Un-vwV 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. Required fields are marked *. } So, how do you draft a Position Statement that makes the EEOC like, and the Charging Party like? 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 $(document).ready(function () { endobj In this part we provide guidance for responding to the charge. If the charge evolves into a lawsuit, the position statement and any supporting documentation can be admitted as evidence. It is in the Respondent's interest to provide an effective position statement that focuses on the facts. The EEOC issues a Dismissal and Notice of Rights if the agency is unable to conclusively establish the occurrence of discrimination. Keep the following points in mind as you prepare the response to the charge: An effective position statement is clear, concise, complete and responsive. 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. An organizational chart detailing company structure, Company policies related to the allegation, and. If you do not submit a position statement or respond to EEOC's requests for information, the EEOC may proceed directly to a determination on the merits of the charge based on the information at its disposal or subpoena specific information related to the allegations in the charge. 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. Employers relying on confidential information in responding to a Charge should provide this information in separate, clearly-labeled attachments. I have seen that brief, story-based, EEOC position statements can actually work better than long, overly-legalistic, expensive position statements prepared by attorneys. 8/x),Q}) 8 &bm)E8J_\4J,)d0W/O:]u:tyTd:ahX,S2F-!\;] Medical information about the charging party will not be deemed confidential or sensitive. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. The separate attachments should be labeled as such: The employer should explain the confidential nature of the information in the attachments. Example 3: Charging Party alleges she was fired because of her age (55): You may submit personnel records documenting the reasons for her termination. This allows you to tell the companys side of the situation at hand. }); if($('.container-footer').length > 1){ 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. 131 M Street, NE This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Once the paperwork is gathered and the witness interviews complete, its time to craft a written response to an EEOC complaint. We recommend carefully following agency guidance for your EEOC position statement to prevent delays in processing your response to a discrimination claim. You will receive a link to create a new password via email. For Deaf/Hard of Hearing callers: The EEOC may request interviews of these individuals during their investigation. If you later move your flag to another hill (i.e., change your story), you may lose the war. 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. Official websites use .gov My question to you would be why in the world are you not having a lawyer prepare your statement for you? Would you perform surgery on yourself? In EEOC. Once the Position Statement has been submitted, you will not be able to retract it via the Portal. NI#uXV7$1}}tM~qy5S%V wIGd5*@B'o%x 'yD). The EEOC provides the employee or former employee making the charge against you with a copy of your EEOC position statement. Label them as Sensitive Medical Information, Confidential Commercial or Financial Information, or Trade Secret Information as applicable. Sign up for a free HRMorning membership and get our newsletter! Equal Employment Opportunity Commission (EEOC) implemented significant procedural changes regarding position statements. If Respondent relies on confidential medical or commercial information in its position statement, it should provide such information in separate attachments to the position statement labeled "Sensitive Medical Information," "Confidential Commercial or Financial Information," or "Trade Secret Information" as applicable. 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. Any reference to other charges filed against the Respondent or to other charging parties, unless the other charges are by the Charging Party. var temp_style = document.createElement('style'); endobj The Position Statement where you plant your flag and defend your hill. Please confirm that you want to proceed with deleting bookmark. Yes, the Provide internal investigations of the alleged incidents or grievance hearing reports. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. The Charging Party's response will not be provided to the employer during the investigation. $(document).ready(function () { 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. Instead, the EEOC requires confidential information to be separated by labeled attachments. The goal is to explain to the EEOC the legitimate business reasons for why any adverse employment actions were taken against the complainant. Submitting a written request for extension of time which has not been granted does not relieve Respondent of complying with the deadline. http://www.eeoc.gov/employees/position_statement_procedures.cfm, http://www.eeoc.gov/employers/position_statement_procedures.cfm. Take the following precautions to minimize your risk of creating a problematic position statement: Was this article useful? A Respondent generally has 30 days to gather the information requested and to submit its position statement and attachments to the EEOC. 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. Washington, DC 20507 Beware: A position statement lacking in detail may lead the EEOC to believe an employer is trying to hide something. In part one (Handling EEOC Discrimination Charges) we explained the administrative charge process and the agencies' investigative procedures. Not every EEOC charge carries the same risk. Moreover, keep in mind that the EEOC may redact confidential information as necessary prior to releasing the information to a charging party. Testimony: Testimony is simply a statement taken from someone who would be in a position to have firsthand knowledge about what happened to you. The position statement should be signed by an officer, agent or representative of Respondent authorized to speak officially on its behalf. } If asked, its important to grant these as they may expedite the investigative process. Join/Renew Nowand let SHRM help you work smarter. 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. Get access to 100's of HR resources in HRM INSIDER. EEOC also requests that you submit all documentary evidence you believe is responsive to the allegations of the charge. Firms should lay out exactly what those business reasons were. In fact, whether an EEOC charge exposes you to risk depends on whether or not its a hot topic for the EEOC or it portends some type of class-action value. Merrily Archer explained in a recent BLR webinar. Provide a description of the organization; include the organization's legal name and address, the name, address, title, telephone number and email address of the person responsible for responding to the charge, the primary nature of the business, and the number of employees. >q[T~Y9[G How should the position statement and attachments be submitted? 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. They further noted that the manager reported his sighting to the facilitys assistant superintendent the next morning. Home Commn, conflicting details got the employer into trouble. Additionally, the EEOC gives the responding party 20 days to respond to your EEOC position statement. You have successfully saved this page as a bookmark. Washington, DC 20507 When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. The EEOC has defined "confidential information" to include: Sensitive medical information (unless it relates to the Charging Party); Confidential commercial or financial information; Personally identifiable information of witnesses, comparators, or third parties; and. 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. Virtual & Washington, DC | February 26-28, 2023. 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. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. You will choose from a list of topics and look at verses from the Bible that might, Hiii, i need some help with these questions; 1. Despite the possibility of an extension, its essential to act quickly in preparing your EEOC position statement. 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). Do this well, and you could shorten the process and increase the likelihood that the EEOC will agree with your position. a diverse client base - from large, international organizations to local, entrepreneurial companies. 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