When an employer receives notice that a current or former employee has filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), it is critical to respond promptly, strategically, and in full compliance with federal law. Mishandling an EEOC charge can result in increased legal exposure, reputational damage, and adverse financial consequences.
This article outlines the essential steps an employer should take after receiving an EEOC charge and provides practical guidance for navigating the process with professionalism and legal prudence.
Understand the Nature of the Charge
An EEOC charge is a formal complaint alleging that an employer has violated federal laws prohibiting employment discrimination, such as:
- Title VII of the Civil Rights Act (race, color, religion, sex, national origin)
- Americans with Disabilities Act (ADA)
- Age Discrimination in Employment Act (ADEA)
- Equal Pay Act (EPA)
- Genetic Information Nondiscrimination Act (GINA)
Upon receipt, the EEOC will issue a notice titled “Notice of Charge of Discrimination”. This does not mean the EEOC has found wrongdoing—only that a complaint has been filed and is under investigation.
Do Not Retaliate
Federal law strictly prohibits retaliation against an employee for filing an EEOC charge. Retaliation includes any adverse action such as termination, demotion, discipline, or harassment. Even if the claim appears frivolous or false, do not engage in any conduct that could be perceived as retaliatory.
Notify Internal Stakeholders Privately
Promptly inform:
- Human Resources
- Legal counsel (internal or external)
- Relevant members of management (on a need-to-know basis)
Ensure all communications about the charge are confidential and respectful. Only individuals directly involved in responding to the charge should be informed.
Review the Charge Carefully
Examine the following details in the charge:
- Allegations made (e.g., harassment, unequal pay)
- Timeframe of the alleged incidents
- Individuals involved
- Requested remedies (if applicable)
This will help guide your fact-finding and response strategy.
Preserve Relevant Documents and Evidence
Immediately implement a litigation hold on all records related to the complaint, including:
- Emails
- Personnel files
- Disciplinary records
- Witness statements
- Internal policies
- Communications regarding the charging party
Failure to preserve evidence can lead to legal sanctions and negatively affect your defense.
Conduct an Internal Investigation
Work with HR and legal counsel to conduct a prompt and impartial internal investigation. Interview key personnel, document findings, and determine whether any employment policies were violated. Even if you believe the allegations lack merit, conducting an internal review demonstrates good faith and helps prepare your formal response.
Prepare a Position Statement
In many cases, the EEOC will request a written position statement and supporting documentation. This is your opportunity to present:
- A factual rebuttal to the allegations
- Explanation of relevant policies and practices
- Evidence of legitimate, non-discriminatory business reasons
- Steps taken to address workplace concerns (training, discipline, accommodations)
Ensure the tone of the statement is professional, objective, and respectful of the complainant.
Cooperate with the EEOC Investigation
Throughout the process:
- Respond promptly to EEOC requests for information
- Allow site visits or interviews if required
- Maintain transparency and professionalism
Cooperation does not mean admission of guilt; rather, it shows that your organization respects the law and takes the complaint seriously.
Consider Mediation or Settlement Early
The EEOC often offers voluntary mediation early in the process. This confidential, non-binding process can be an opportunity to resolve disputes efficiently and avoid litigation. Even if mediation is declined, consider whether a private settlement might serve the organization’s best interests, especially in high-risk scenarios.
Implement Preventive Measures
Regardless of the outcome, use the charge as an opportunity to:
- Review and update anti-discrimination and harassment policies
- Provide employee and manager training
- Strengthen documentation practices
- Ensure consistent enforcement of workplace policies
Proactive measures can reduce future risk and demonstrate the organization’s commitment to a fair and lawful workplace.
Final Thoughts
Receiving an EEOC charge can be a stressful and disruptive experience. However, with the right legal counsel, internal coordination, and a strategic approach, employers can effectively respond, reduce exposure, and demonstrate compliance with federal law.
At Oberman Law Firm, we take a proactive approach to responding to an EEOC charge or implementing preventive employment practices, and we guide our clients through every step of the process.
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