EEOC has implemented nationwide procedures that provide for the release of Respondent position statements and non-confidential attachments to a Charging Party or her representative upon request during the investigation of her charge of discrimination.
These procedures apply to all EEOC requests for position statements made to Respondents on or after January 1, 2016.
The new procedures provide for a consistent approach to be followed in all of EEOC's offices, which enhances service to the public. The procedures will also provide EEOC with better information from the parties to strengthen our investigations.
During the investigation of a charge, EEOC may request that the Respondent employer submit a position statement and documents supporting its position. EEOC's resource guide for Respondents, "Effective Position Statements," advises Respondents to focus their position statements on the facts relevant to the charge of discrimination and to identify the specific documents and evidence supporting its position. A position statement focused on the allegations of the charge helps EEOC accelerate the investigation and tailor its requests for additional information.
A Respondent generally has 30 days to gather the information requested and to submit its position statement and attachments to the EEOC. If the Respondent relies on confidential information in its position statement, it should provide such information in separately labeled attachments. With EEOC's new Digital Charge System, Respondents can upload their position statement and attachments into the digital charge file rather than faxing or mailing the documents.
After EEOC reviews the Respondent's position statement and attachments on a specific charge, EEOC staff may redact confidential information as necessary prior to releasing the information to a Charging Party or her representative.
EEOC will provide the Respondent's position statement and non-confidential attachments to Charging Parties upon request and provide them an opportunity to respond within 20 days. The Charging Party's response will not be provided to Respondent during the investigation.
When you file a charge with the EEOC, you will be notified that you may request a copy of the Respondent's position statement in investigations in which Respondent submits a position statement. You or your representative should inform the investigator that you are requesting the Respondent's position statement and non-confidential attachments.
EEOC requests that you provide your response within 20 days from the date EEOC sent the Respondent's position statement to you. If we have you or your representative's email address, we will send it to via email.
No. You may submit a written response or contact the investigator to provide your response over the phone or in a meeting.
Your response should focus on the facts and identify the specific documents and evidence supporting your allegations of discrimination or challenging the Respondent's position.
You should immediately contact the investigator assigned to your case. You should ask them any questions that you may have about the Respondent's position statement.
Yes, we encourage you to contact the investigator as early as possible and also request that you follow up in writing (by email or letter) confirming your request for an extension and the agreed upon due date.
A brief extension of time may be allowed to a party in particular cases, but only when it is clear that the Charging Party or Respondent is working with due diligence to supply all of the necessary information.
No. EEOC will release the Respondent's position statement and non-confidential attachments after we have removed confidential information from the documents. We instruct Respondents to put confidential information in separate attachments to the position statement labeled "Sensitive Medical Information," "Confidential Commercial" or "Confidential Financial Information," or "Trade Secret Information" to expedite EEOC's review of the information.
EEOC has instructed Respondents to put the following information into separate attachments:
EEOC generally provides the Respondent with 30 days to gather the information requested and submit its position statement and attachments.
No, your response will not be provided to Respondent during the investigation. The Commission is releasing the first formal document received from the Charging Party, the Charge, and the first formal document received from the Respondent, the Position Statement. No other disclosures are contemplated at this time. If during the course of the investigation, EEOC determines that it needs additional evidence from the Respondent, including information to address the Charging Party's rebuttal to the position statement, the Investigator will contact the Respondent. This supports effective and efficient management of the charge workload to focus the agency's resources where government enforcement can have the greatest impact.
The investigator will review your response and discuss with you the next steps in the investigation which may include requesting additional information from you or the Respondent.