What to Do When You Receive an EEOC Charge

Receiving a charge of discrimination from the Equal Employment Opportunity Commission can be alarming, but it does not mean you have been found guilty of anything. A charge is an allegation that triggers an investigation process. How you respond can significantly affect the outcome. Prompt, thorough, and strategic action is essential.

Understanding the Process

When an employee or former employee files a charge with the EEOC:

• The EEOC notifies the employer and provides a copy of the charge
• The employer is asked to submit a position statement responding to the allegations
• The EEOC investigates by reviewing documents, interviewing witnesses, and sometimes visiting the workplace
• The EEOC issues a determination: either finding reasonable cause to believe discrimination occurred or dismissing the charge
• If reasonable cause is found, the EEOC attempts conciliation before potentially filing a lawsuit
• If the charge is dismissed, the charging party receives a right-to-sue letter and has 90 days to file a lawsuit

The entire process can take several months to over a year.

Immediate Steps

Upon receiving a charge:

• Notify your legal counsel immediately
• Issue a litigation hold to preserve all potentially relevant documents, emails, and electronic records
• Identify the decision-makers involved in the employment action at issue
• Do not discuss the charge with potential witnesses without counsel's guidance
• Do not retaliate against the charging party in any way
• Review the charge carefully to understand the specific allegations and legal basis

Preparing Your Position Statement

Your position statement is often the most important document in the process:

• Provide a clear, factual narrative of the events from the employer's perspective
• Address each specific allegation in the charge
• Explain the legitimate, non-discriminatory reason for the employment action
• Attach supporting documentation such as performance reviews, disciplinary records, policies, and emails
• Identify comparator employees who were treated similarly under similar circumstances
• Be thorough but avoid unnecessary information that could create additional issues
• Have legal counsel review the statement before submission

During the Investigation

Cooperate with the EEOC investigation while protecting your interests:

• Respond to information requests within the deadlines provided
• Make witnesses available for interviews as requested
• Provide requested documents promptly
• Do not obstruct or delay the investigation
• Keep records of all interactions with the EEOC
• Continue to treat the charging party fairly and without retaliation

Possible Outcomes

The charge may be resolved in several ways:

• Mediation: The EEOC offers voluntary mediation early in the process, which can resolve the matter quickly and confidentially
• Dismissal: The EEOC finds insufficient evidence and dismisses the charge
• Reasonable cause determination: The EEOC finds evidence supporting the charge and attempts conciliation
• Conciliation agreement: The parties reach a settlement through EEOC-facilitated negotiations
• Lawsuit: If conciliation fails, the EEOC may file suit (though this is relatively rare)

Consider mediation seriously, as it is often the fastest and least expensive way to resolve a charge, even if you believe the charge lacks merit.