Receiving a Charge of Discrimination from a state or federal agency is a challenge for employers. With the federal Equal Employment Opportunity Commission's (EEOC) release of new Position Statement Procedures last month, the agency has provided charge respondents with additional insight into the agency's expectations when an employer provides a written response to an employee's charge.
In drafting a position statement, the agency recommends including specific, factual responses to every allegation in the charge in addition to all other facts relevant to the matter. All documentary evidence that is responsive to the allegations should be included, including organizational descriptions or charts, applicable policies or procedures, and internal investigation records.
The agency also recommends that respondents segregate confidential information, including medical, commercial or financial records, in separate attachments that identify the documents as confidential. Information that should be separated and marked as confidential may include:
- Sensitive medical information
- Confidential commercial information
- Confidential financial information
- Trade secret information
- Social Security numbers
- Dates of birth in nonage cases
- Home addresses, personal phone numbers and personal e-mail addresses
The employer should also explain the basis for concluding that the foregoing information is confidential.
Completed position statements and attachments should be uploaded to the EEOC's online portal on or before the stated deadline to ensure the agency's consideration of the respondent's position. Read more.