What to do if you receive an EEOC charge of discrimination notice
As an employer, there are federal and state standards that you must adhere to. Creating a safe work environment free from dangers and hostility is expected; however, instances of an unsafe or hostile work environment could result from conditions out of their immediate control.
Employers have processes in place to address reports of these conditions by their employees. While these steps could assist with a resolution, this does not prevent an employee from filing a complaint outside of the workplace. With regards to complaints of discrimination, an employer could receive a charge of discrimination from the Equal Employment Opportunity Commission or EEOC.
Receiving a notice of a charge of discrimination
It can be overwhelming to receive a notice of a charge of discrimination from the EEOC. This document informs you, as the employer, the charge of discrimination that has been filed against your business. It should be noted that a charge is not a determination but rather a complaint of discrimination.
Receiving this notice does not mean it was found that you violated the laws enforced by the EEOC. However, it does mean that you need to take the notice seriously and address it properly. To begin, you should follow the directions provided in the EEOC charge notice. Typically, you will be asked to provide a response or a position statement. This is an employer’s opportunity to explain their side, provide additional information and explain why the purported claims are incorrect.
EEOC investigators will often submit a request for additional information. Even if you believe that the charge is frivolous, you must respond to these requests. This could entail interviews with you or other employees, an on-site inspection or a request for specific documents. The information provided or gained during this process could cause the EEOC to dismiss the charge.
Resolving your EEOC charge
Because it is important to effectively and efficiently resolve a charge of discrimination, the EEOC offers mediation for the parties. This comes at no cost to the parties and allows for a quick and confidential resolution. If mediation fails or is not pursued, the investigator will move forward with the case, deciding whether discrimination occurred. If evidence shows that discrimination occurred, a letter of determination is sent to both parties.
At this point, the EEOC will initiate conciliation to develop a resolution for discrimination with the employer. This process is a voluntary resolution process. If an employer forgoes conciliation or the process fails, the EEOC could move forward with a lawsuit against the employer. Because it is important to protect yourself and the interests of your business, it is imperative that you understand your legal rights and options follow a charge of discrimination. This will ensure you make well-informed decisions at all the phases of the process.
