These FAQ are available below: http://www.eeoc.gov/employees/position_statement_procedures.cfm for Charging Partieshttp://www.eeoc.gov/employers/position_statement_procedures.cfm for Employers. ) or https:// means youve safely connected to the .gov website. Washington, DC 20507 Employers will generally have 30 days to submit a Position Statement with attachments to the EEOC through a new Digital Charge System. Grants for extensions are uncommon, and sufficient grounds for the extension must exist. We recommend carefully following agency guidance for your EEOC position statement to prevent delays in processing your response to a discrimination claim. Ask all decision-makers to review the position statement before submitting it to the EEOC. Sensitive medical information (except for the Charging Party's medical info). When someone files a discrimination complaint against your company with the Equal Employment Opportunity Commission (EEOC), federal law provides you with the right to respond with an EEOC position statement. Washington, DC 20507 As businesses continue to evaluate what their workforce needs in an employee-centric tomorrow, the need for strategic human resource management grows. The EEOC will review this justification and the submitted documents to redact any confidential information. SHRM offers thousands of tools, templates and other exclusive member benefits, including compliance updates, sample policies, HR expert advice, education discounts, a growing online member community and much more. Each of the Equal Employment Opportunity (EEO) laws prohibits retaliation and related conduct: Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), Title V of the Americans with Disabilities Act (ADA), Section 501 of the Rehabilitation Act (Rehabilitation Act), the Equal Pay Act and my statement is due today i havent had any luck in finding an anttorney to help me. The EEOCs guidance on effective position statements provides that position statements should be clear, concise, complete and responsive , and, at a minimum , should include specific, factual responses to every allegation of the charge, as well as any other facts and documentary evidence that the employer deems relevant for Some EEOC offices will send a copy of the statement to the complainant or his or her attorney. You have successfully saved this page as a bookmark. It is in the Respondent's interest to provide an effective position statement that focuses on the facts. It should clearly explain the Respondent's version of the facts and identify the specific documents and evidence supporting its position. A position statement that simply denies the allegations without providing your position or supporting information is not sufficient. The commission provided other guidance on position statements as well, noting that employers should respond in 30 days, but may request extensions. var currentUrl = window.location.href.toLowerCase(); For Deaf/Hard of Hearing callers: Members may download one copy of our sample forms and templates for your personal use within your organization. Not every EEOC charge carries the same risk. A qualified employment attorneyunderstands what information is crucial to supporting your version of events and what information may be deemed superfluous or It will be up to the EEOC whether it will give employers an opportunity to respond to this additional information or not. Im a trial-tested, experienced litigator that has represented companies of all sizes in a veritable alphabet soup of employment law claims, such as the ADA, ADEA, CEPA, FMLA, FLSA, NJLAD, PHRA, Title VII, and USERRA. Upon reviewing your EEOC position statement, the agency may provide you with a Request for Information (RFI). Find your nearest EEOC office WebEEOC will provide the Respondent's position statement and non-confidential attachments to Charging Parties upon request and provide them an opportunity to respond within <> If you later move your flag to another hill (i.e., change your story), you may lose the war. If you submit only an advocacy statement, unsupported by documentary evidence, EEOC may conclude that Respondent has no evidence to support its defense to the allegations of the charge. Required fields are marked *. These new procedures make it more important than ever for employers to consult with employment law counsel in responding to EEOC Charges. After reviewing this rebuttal, the EEOC investigator may contact the employer to request additional information (or may employ one of the other "follow-up" methods described in the opening paragraph above). Once the paperwork is gathered and the witness interviews complete, its time to craft a written response to an EEOC complaint. The purpose of this document is to explain how Respondents can draft effective position statements. 10 Situations When Your Business Should Consult an Employment Attorney. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. An official website of the United States government. Moreover, an employer must provide an explanation justifying the "confidential" nature of the information contained in the "confidential" attachments. 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 The rebuttal statements provide, essential information and evidence for your consideration and identify that my termination was sorely based on, false statements as raised by the respondents. no you do not have to worry about that. Your comments are protected and so are theirs. Conciliation efficiently, effectively, and inexpensively resolves employment discrimination claims and the EEOC actively encourages it. $("span.current-site").html("SHRM MENA "); } EEOC will provide the Respondent's position statement and non-confidential attachments to Charging Parties upon request and provide them an opportunity to respond within 20 days. [Miller & Martin note employers would be well-advised to go ahead and redact any confidential information before submitting their confidential documents to the EEOC, rather than hoping the EEOC will do so before turning such information over to the Charging Party.]. We encourage you to contact the investigator as early as possible and also request that you follow up in writing (by letter or email) confirming your request for an extension and the agreed upon due date. Testimony: Testimony is simply a statement taken from someone who would be in a position to have firsthand knowledge about what happened to you. Responding to a charge of discrimination usually involves two components: preparation of an employer's "position statement;" and Unless employers formulate a thorough, clear and consistent position, they may not be able to defend themselves successfully down the road. Need help with a specific HR issue like coronavirus or FLSA? For example, if, at your termination meeting, Provide your response within the stated deadline. 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. As a result, employers must be very cautious about what they include in their position statements as the position statement and all non-confidential attachments will be produced upon request to a potentially disgruntled employee or former employee. Course Hero is not sponsored or endorsed by any college or university. Please log in as a SHRM member. endobj Find the latest news and members-only resources that can help employers navigate in an uncertain economy. Here are four mistakes Archer outlined for us during the webinar: By avoiding these common mistakes, youll increase your chances of the EEOC deciding in your favor. It is not intended to be taken as legal advice. For example, the EEOC requires proof of due diligence and a good faith effort to supply all required information. WebREBUTTAL TO RESPONDENTS POSITION STATEMENT 3 Concerning the first claim, this report identifies that: I. Even slight variations can have devastating consequences. Try to establish credibility with the local EEOC office and investigators because they can give you some slack., The EEOC is a government agency whose employees are overworked and underpaid, said Bernard Tisdale, an attorney with Ogletree Deakins in Charlotte, N.C. >q[T~Y9[G To request a consultation with an attorney click here. SHRM Employment Law & Compliance Conference, Bad Position Statements Can Sink an Employers' Defense, OPM Moves Toward Continuous Screening of Federal Workforce, OSHA Given Authority to Grant Protection to Undocumented Workers. Respondent should segregate the following information into separate attachments and designate them as follows: EEOC will review attachments designated as confidential and consider the justification provided, as the agency will not condone blanket or unsupported assertions of confidentiality. 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. The Position Statement where you plant your flag and defend your hill. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Your card will not be charged at any point during your 21 day free trial Evidence of due diligence would include a partial submission of information related to the allegations in the charge. locations in Atlanta, Chattanooga, Nashville and Charlotte, our attorneys provide sound legal advice to When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. information only on official, secure websites. A position statement that simply denies the allegations without providing your position or supporting information is not sufficient., You always want to be consistent in your responses, both at the EEOC stage and litigation stage, Pitts said. 1 0 obj What if Respondent needs additional time to submit its position statement? They further noted that the manager reported his sighting to the facilitys assistant superintendent the next morning. A .gov website belongs to an official government organization in the United States. Be thorough from the start. It is in the Respondent's interest to provide an effective position statement that focuses on the facts. The position statement should clearly explain the Respondent's version of the facts and identify the specific documents and witnesses supporting its position. Consider skipping the Position Statement altogether by participating in the. After the employee filed suit, Shenandoah Valley filed for summary judgment. Heres a brief template on how you could put the EEOC position statement together: Section I: Were Good Guys. The documentation you need to support your position regarding the EEOC claim may include the following: Providing evidence supporting your version of the facts as reflected in your EEOC position statement is a vital element of strengthening your position against such charges. EEOC may request specific documents, information or interviews from your organization concerning the charge. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Identify official(s) who made decisions or took action relating to the matter(s) raised in the charge. You should always consult with a licensed attorney about the specifics of your situation before taking any legal action. Heres a seven-step process for drafting an airtight position statement. Firms should lay out exactly what those business reasons were. You can upload your position statement and attachments into the Respondent Portal using the + Upload Documents button. If there are multiple explanations for an employees termination, clearly articulate each one at the time of the employment action, when responding to the EEOC and in any subsequent litigation. To request permission for specific items, click on the reuse permissions button on the page where you find the item. Explain the nature and importance of the job. Medical information about the charging party will not be deemed confidential or sensitive. You will need to review your company policies and relationship with the employee or former employee making the charge. 3Vwuq/eAo\_?w`9M.,p4?l>lw;xG3Pd43pp A lock ( $("span.current-site").html("SHRM China "); WebIt is also contains a eeoc position statement rebuttal sample documents to determine whether the dispute new mexico district of a longtime host on. Unfortunately, you do not receive a copy of the charging partys response. Please log in as a SHRM member before saving bookmarks. A position statement is a chance for employers to make a good first impression with the Equal Employment Opportunity Commission (EEOC) in response to a charge of discrimination. Better to discover any inconsistencies at this stage rather than during litigation. because i am a single parent and i have $0 to my name, Your email address will not be published. Don't worry. As long as the comments are true they probably cannot take legal action against you. We fired her because of [blank]. That will look as though youre not taking it seriously. An effective EEOC position statement should be precise and focused in its response and never contain irrelevant information. Your email address will not be published. var currentUrl = window.location.href.toLowerCase(); He also learned that she had worked at her part-time job on 18 of the previous 20 sick days she had requested from Shenandoah Valley. 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