U.S. EEOC Implements New Procedures For Position Statements

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EFFECTIVE

January 1, 2016

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The U.S. Equal Employment Opportunity Commission (EEOC) recently implemented new nationwide procedures regulating when an employer’s EEOC position statement is released to a charging party during an investigation. Previously, the employer’s position statement was obtained and disclosed after the charge and closure of the case.

A Position Statement may now be requested by the EEOC from an employer responding to a charge (“Respondent”), and consists of the employer’s responses to allegations made, their versions of the facts and supporting documents.  If supporting documentation contains sensitive information, such as social security numbers or trade secrets, it must be submitted as a separately labeled attachment along with a statement justifying its confidential nature.

Respondents will generally have 30 days to submit position statements to the EEOC.  Respondents are encouraged to limit their position statements to include only factual and relevant information to prevent unnecessary information from being disclosed.  As of January 1, 2016, position statements may be submitted online via the Digital Charge System.

Because the position statement may be obtained and disclosed to the charging party during the investigation, not after, the charging party will now have twenty days from receipt of the Respondent’s position statement to review and submit a reply. The reply may prompt the EEOC to request additional evidence from the Respondent. This change in procedure is intended to strengthen and speed up investigations by allowing the EEOC to tailor its requests to the Respondent for additional information.

 

Action Items:

  1. Employers and/or their representatives who handle EEOC charges should review the EEOC’s new procedures for position statements and become familiar with the Digital Charge System online.
  2. Ensure any position statements submitted to the EEOC contain only relevant information to prevent any unwanted or confidential information from being disclosed to charging parties.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2016 ManagEase, Incorporated.

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