How an employer responds to a charge of discrimination filed by an applicant or employee with the Equal Employment Opportunity Commission (EEOC) and the EEOC’s subsequent investigation of the charge can be a critical factor in determining the eventual outcome.
And while there is no proven fail-safe way to avoid potential liability, there are some best practices that can be followed to assist an employer in effectively presenting its side of the story, and in particular the preparation and submission of a well-drafted position statement.
This two-part memorandum takes a look at the process for preparing an effective EEOC position statement. In this Part I, we present an overview of the current EEOC charge investigation process taking into account technological advancements implemented by the agency over the last few years and what that means for employers that receive an EEOC discrimination charge. In the forthcoming Part II, we’ll focus on how to prepare the position statement itself.
Members of the Center for Workplace Compliance (CWC) can read more here.