- 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. A charge is a complaint of discrimination, not a determination that discrimination has occurred.
You can download the EEOC charge on the new portal.
When a charge is filed against an organization, the EEOC will notify the organization within 10 days. The notification will provide a URL for the Respondent to log into the EEOC’s Respondent Portal to access the charge and receive messages about the charge investigation. For more information about how to use the EEOC’s Respondent Portal, you should review the Respondent Portal User’s Guide for Phase I of EEOC’s Digital Charge System and Questions and Answers on Phase I of EEOC’s Digital Charge System. - Follow the directions on the EEOC charge notice.The notice may ask you to provide a response to the charge (a “position statement” ). This is your opportunity to explain why the claims in the charge are incorrect or not illegal. You are not required to hire a lawyer to help you draft a position statement or otherwise respond to a charge of discrimination. However, at any point in the EEOC charge process, you may do so, if you would like.
- Consider EEOC mediatinto resolve the charge quickly and confidentially, at no cost. In many cases, the organization may choose to resolve a charge through mediation or settlement. At the start of an investigation, EEOC will advise both the organization and the charging party if the charge is eligible for mediation, but feel free to ask the investigator about the settlement option. Mediation and settlement are voluntary resolutions.
- Respond to requests for additional information from the EEOC, even if you believe that the charge is frivolous.
The EEOC investigator may request documents, interviews, a conference or an on-site inspection. The information you provide may cause us to dismiss the charge. If you need additional time to respond, or if you have questions or concerns about the type or amount of information that the EEOC has requested, contact the investigator assigned to the charge. The EEOC may grant you an extension or modify the information request, depending on the circumstances.
This is the organization’s opportunity to tell its side of the story. A resource guide on Effective Position Statements is available.
- Respond to a Request for Information(RFI). The RFI may ask the organization to submit personnel policies, Charging Party’s personnel files, the personnel files of other individuals and other relevant information.
- Permit an on-site visit. Such visits greatly expedite the fact- finding process and may help achieve quicker resolutions. In some cases, an on- site visit may be an alternative to a RFI if requested documents are made available for viewing or photocopying.
- Provide contact information for or have employees available for witness interviews. A representative of the organization may be present during interviews with management personnel, but the EEOC investigator is allowed to conduct interviews of non-management level employees without the presence or permission of the organization.
- Protect employees from retaliation.
Ensure that the employee is not punished for filing the charge, and ensure that employees are not punished for participating in an investigation. Retaliation is illegal, even if the EEOC concludes that the charge of discrimination does not have merit.
- Retain relevant documents.
If you are not sure whether a document is relevant, ask your investigator. - Contact the EEOC investigatorassigned to your charge if you have questions.
The average time it takes to investigate and resolve a charge was about 10 months.
EEOC will:
- be available to answer questions about the investigation.
- respond to inquiries about the status of the investigation, including the rights and responsibilities of the parties.
- allow the organization to respond to the allegations.
- conduct a timely investigation.
- inform the organization of the outcome of the investigation.
Once the investigator has completed the investigation, EEOC will make a determination on the merits of the charge.
- If EEOC is unable to conclude that there is reasonable cause to believe that discrimination occurred, the charging party will be issued a notice called a Dismissal and Notice of Rights.This notice informs the charging party that s/he has the right to file a lawsuit in federal court within 90 days from the date of its receipt. The employer will also receive a copy of this notice.
- If EEOC determines there is reasonable cause to believe discrimination has occurred, both parties will be issued a Letter of Determinationstating that there is reason to believe that discrimination occurred and inviting the parties to join the agency in seeking to resolve the charge through an informal process known as conciliation.
- When conciliation does not succeed in resolving the charge, EEOC has the authority to enforce violations of its statutes by filing a lawsuit in federal court. If the EEOC decides not to litigate, the charging party will receive a Notice of Right to Sueand may file a lawsuit in federal court within 90 days.