EEOC Charge Of Discrimination: Employer FAQ

Employers are used to dealing with difficult employees. However, when an employee, job applicant, or former employee files an employment discrimination claim, it can take up important time and resources. It can also be confusing because many small business owners are not familiar with employment discrimination claims and the conciliation process.

Here are answers to frequently asked questions (FAQs) about EEOC charges for business owners. However, anti-discrimination laws also depend on the state where your business is located. For answers to your specific questions, talk to a local employment lawyer for legal advice.

Which Agency Handles Employment Discrimination Claims?

Federal employment discrimination laws are enforced by the U.S. Equal Employment Opportunity Commission (EEOC). However, the EEOC works with local Fair Employment Practices Agencies (FEPAs) to manage job discrimination cases.

This can be confusing for employers because charges can be dual-filed with the federal agency and state or local agency. This is supposed to make things easier for the complaining employee. Only one agency investigates the workplace discrimination claim. However, it can be complicated for you to know which agency you have to deal with.

When Can Workers File Discrimination Claims?

Workers can file a claim if they suspect unlawful discrimination in employment. Under state and federal laws, there are several protected classes. Over the years, employment civil rights protections have expanded to include workers’:

• Race or skin color
• Religion
• National origin
• Sex (including pregnancy, sexual orientation, gender identity, and the Equal Pay Act)
• Age discrimination (40 or older)
• Disability
• Genetic information

How Will I Know if an EEOC Charge of Discrimination Has Been Filed Against My Company?

The EEOC office will notify you within 10 days of receiving a charge. Notification normally includes a copy of the charge briefly identifying the charging party, the basis of the claim, the type of treatment they are alleging, and the dates of the alleged discrimination.

Ordinarily, a plain language explanation of the EEOC charge process will be included. The notification includes explanations of your obligation to retain records related to the charge and non­retaliation provisions. The notification package may also include an invitation to participate in a mediation program.

How Should I Respond to the EEOC Charges?

The person who filed the complaint is the charging party. As the employer, you are the respondent. The first step may be to try a mediation program. Mediation happens before an investigation. After talking about the issues with both parties, the mediator may help the parties come to an agreement. If mediation doesn’t resolve the complaint, the EEOC will ask you to submit a position statement with supporting documentation.

The position statement is fact-based and should not include any unnecessary or off-topic statements. This should respond to the allegations and include any relevant facts. You can also identify specific documents and witnesses to support your position. Talk to an employment lawyer about preparing a position statement that can help resolve any discrimination complaints.

What Can I Expect to Happen in an EEOC Investigation?

An EEOC investigator will review the information available and may gather additional information. They may visit your business, interview you and other employees, and request additional documents. If there is no violation found, the EEOC will close the case with a dismissal and notice of rights. If the EEOC does find discrimination, they will issue a letter of determination.

What Records Do I Have To Keep if I Receive an EEOC Charge?

The EEOC Notice of Charge form that you receive should explain the agency`s record-keeping requirements. When facing an EEOC charge, retain personnel or employment records relating to the issues under investigation. This includes records related to the charging party and to all other employees holding or seeking similar positions.

You must keep these records until the final resolution of the charge. However, a final resolution does not end after the investigation. The employee generally has a 90-day time limit to file a lawsuit if they are not happy with the EEOC’s proposed resolution.

The law also permits a charging party to choose to go to court instead of waiting for the EEOC to complete its investigation. In some cases, the EEOC may issue a notice of right to sue upon the charging party`s request.

Do I Need a Lawyer After a Discrimination Complaint?

Many small business owners have never dealt with a charge of discrimination complaint. The first time it happens, there is a sharp learning curve to understand your rights and responsibilities. An employment attorney will be familiar with EEOC charges and can explain your legal options. Your attorney can also help you respond to any complaints and EEOC investigations.