What Employers Should Do After Receiving an EEOC Charge

For nearly all businesses and employers in the United States, compliance with the Equal Employment Opportunity Commission (EEOC) is required. The EEOC is an independent federal agency of the U.S. that regulates and enforces civil rights laws against workplace discrimination. Specifically, they ensure that no employee or job applicant is discriminated against because of their race, color, religion, sex, national origin, age, disability, or genetic information. If an individual feels they have experienced workplace discrimination, they can file a charge against their employer with the EEOC.

What Happens If an Employer Is Charged?

1. Initial Notification: If an employer has an EEOC charge filed against them, they will receive a notification and copy of the charge within ten days of its filing. The notification will include a link for the employer to log into the EEOC’s respondent portal to access the charge, submit a position statement in response to the allegation, and receive messages from the EEOC about the potential investigation of the charge.
2. Mediation, Settlement, and Moving Toward Investigation: The EEOC will encourage an employee and employer to attend a mediation session if the charge is eligible for such action. If mediation is not used or is unsuccessful and there is no settlement, then the EEOC will begin their investigation.
3. Response to Investigation Findings: If the EEOC investigation finds there has not been a violation, they will give the employee who filed with them a notice-of-a-right-to-sue, which gives the employee permission to file a lawsuit on their own within ninety days of receiving said notice. If the EEOC investigation finds there has been a violation, they will attempt to reach a voluntary settlement with the employer. If this is unsuccessful, a lawsuit against the employer will be filed. Where a violation is found, the employee may be entitled to reinstatement, promotion, or back pay. The employer will be required to remedy discriminatory practices and take steps to prevent discrimination in the future. It is important to note, however, that there are some limitations on compensatory and punitive damages that an employee may recover depending on the size of the business.

What Should Employers Do After Receiving an EEOC Charge?

Upon receiving notice of an EEOC charge, it is encouraged for employers to seek legal counsel immediately. The aid of an attorney will help ensure a smooth and swift process when working with and responding to the EEOC. Furthermore, an attorney’s assistance might help with a quick dismissal of the charge. Employers should additionally be sure to avoid taking any kind of retaliatory action. If an employer takes retaliatory action against the individual who filed the charge, this can lead to further liability on the employer’s part. Companies should be sure to advise their employees against taking retaliatory action as well.

If an EEOC charge leads to an investigation, it is important for employers to respond to all EEOC requests with promptness. The length of an EEOC investigation will depend on the amount of information needed by the EEOC, but the average time for investigating and resolving a charge in 2023 was 11 months. If employers ensure all communications are effective, then the EEOC investigation will not take as long. In order for investigations to move smoothly, employers should respond to EEOC requests with promptness, and ensure all communication is effective and swift.

It is important for employers to note that they may be asked for various documents from the EEOC, such as a statement of position, which is an opportunity for a respondent to tell its side of the story and raise any factual or legal defenses to the charge. On its website, the EEOC has posted a resource guide on submitting effective position statements. The EEOC may also submit RFIs (requests for information) and ask for an on-site visit to the company. During an EEOC visit, employers should cooperate with the EEOC. Employers should also provide contact information for individuals who can speak on the investigation and have employees available for witness interviews. Employers should additionally work with their legal counsel to obtain and provide any other kinds of documentation the EEOC might need to see during an investigation, such as communication with employees and job applicants about medical leave or accommodations.

Common Triggers of EEOC Charges

While there are many kinds of discrimination charges that can be filed with the EEOC, employers should note that there are some specific forms of discrimination that have been very prevalent in regard to EEOC investigations. According to 2022 data, of the investigations carried out by the EEOC, 51.6% were related to retaliation, 34% were related to disability discrimination, and 15.6% were related to age discrimination. Furthermore, race discrimination and cases involving sexual harassment are also quite common triggers of EEOC investigations.

How Employers Can Prevent Charges

Employers can prevent any potential EEOC charges and investigations by engaging in the best practices outlined on the EEOC’s website. These include:

• Implementing & Training on a Strong EEOC Policy: Creating a strong EEOC policy and training managers and supervisors on it can help prevent potential discrimination and hold individuals accountable.
• Establishing Objective Criteria: Establishing neutral and objective criteria for job qualifications, responsibilities, and progress.
• Fostering Open Communication: By keeping communication lines open within a company or business, employers give themselves the opportunity to conduct early dispute resolutions without it escalating into an EEOC charge and investigation.

Bottom Line

Complying with EEOC policies is incredibly important for promoting inclusive, professional, and respectful workplaces. Employers can better protect themselves against EEOC charges by using the assistance of an employment attorney and complying with any requests made by the EEOC during an investigation. Employers can work to prevent EEOC charges completely by following best practices that can be found on the EEOC’s website.