How to respond to an EEOC discrimination complaint?

How to respond to an EEOC discrimination complaint?

Because a discrimination charge can be the first step in a chain of legal actions, you must protect your company’s interests. Many employers ask their attorneys to investigate and prepare the response. At the very least, have an attorney review a draft before you submit it.

How long does it take to get a response from the EEOC?

As a federal agency, the EEOC is backlogged. Sifting through all of the charges of discrimination and responses is a long, slow process. Per the EEOC’s website, the average time to investigate and resolve a charge is 10 months.

What should I do if I receive an EEOC charge of..?

Review the charge notice carefully. The EEOC “Notice of a Charge of Discrimination” informs you that a complaint (a “charge of discrimination” or a “charge”) has been filed against your business. It does not mean that you have violated the laws that the EEOC enforces.

How many paragraphs are in an EEOC charge?

Often, an EEOC charge contains just one or two paragraphs, containing little more than conclusory allegations of discrimination. Resist the temptation to put minimal effort into your response.

How long does the EEOC take to respond to a complaint?

A complainant (the person filing the complaint) can request the Respondent’s Position Statement to review it and respond to it. The EEOC would like this response within 20 days. On average, the EEOC process takes about 10 months, though the investigation should be completed within 180 days after a complaint is filed. As you can see, these numbers do not match.

What happens after I file an EEOC complaint?

After you file your EEOC complaint, the EEOC will contact you (usually by phone) with any additional questions it has about your claim. Be sure to promptly respond to any questions to avoid having your complaint dismissed. Know that your employer will be notified by the EEOC that you have filed a complaint.

What does EEOC stand for in complaint?

EEOC complaints are handled by the Equal Employment Opportunity Commission (EEOC), the body responsible for investigating discrimination complaints based on religion, race, national origin, color, age, sex, and disability. A company with more than 14 employees is subject to the EEOC stepping in.

How does an EEOC complaint hurt an employer?

Whenever morale plummets — regardless of the underlying reason — it affects productivity, job satisfaction and, ultimately, profitability. In terms of morale, an EEOC complaint can hurt the employer in monetary and non-monetary ways.

Can a signed affidavit be used in an EEOC complaint?

Signed affidavits—from employees, customers or other witnesses. These are not appropriate for every situation, but if you investigated and subsequently terminated the employee for poor customer service, statements about the rude behavior from uninvolved third parties may be useful to help defend the complaint.

What to do if you are the victim of age discrimination?

If you are an employee, bring it to the attention of HR or file a complaint with the EEOC. If you are seeking employment and feel that age discrimination has prevented access to opportunity, write letters to your state and federal legislators in addition to filing an EEOC complaint.

How long does it take to file an EEO complaint?

Non-federal workers have up to 180 days to file a complaint, whereas federal employees must contact an an EEO counselor within 45 days. When age discrimination goes unreported, it increases the likelihood of it occurring again.

How does the EEOC help with age discrimination?

Action not only helps older workers currently impacted by age discrimination, but it also helps to create age equity in the workplace so younger employees will be protected from social exclusion in the future.

Can you file an EEOC claim online?

There are time limits for filing complaints, and the EEOC does not accept complaints online. However, the EEOC does encourage the use of its online service to determine if a complaint should be filed. Visit the EEOC’s website and use its online assessment tool.

How do you file a complaint against discrimination?

In order to officially file the workplace discrimination claim, you need to contact The Equal Employment Opportunity Commission (EEOC). You may file the claim in person at the nearest EEOC office , and you can also file the claim by mail or online.

What is a discrimination complaint?

  • address and phone number
  • address and phone number
  • The name and address of the agency or person you believe discriminated against you
  • why and when you (or the person on whose behalf you are filing the complaint) believe the discrimination took place

    What you can expect after a charge is filed?

    • Access Your Charge Information through the EEOC Public Portal. You can access your charge through the EEOC Public Portal once you have registered.
    • Mediation.
    • Investigation.
    • Adding to Your Charge.
    • Subpoena.
    • Requesting a Notice of Right to Sue.
    • Possible Action After Investigation Completed.