How to Respond to an EEOC Complaint
As an employer, you have a duty to comply with equal-opportunity laws. This generally means you cannot make a decision, adverse or otherwise, based on an employee's race, gender, age, disability, or religion. If an employee feels that you have discriminated against him for an unlawful reason, he may file a compliant against you with the Equal Employment Opportunity Commission. Responding to an EEOC complaint is a serious matter; do not take it lightly.
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Instructions
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Do not delegate the response to one of your subordinates; handle this claim yourself, and consider hiring legal counsel to assist you. If the person alleging discrimination prevails, your business might face a huge penalty--as much as seven figures. Treat this complaint seriously, and handle the matter from the top to bottom; do not sign off on it.
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Take as much time as you are given to respond to the complaint. Complaints may direct you to respond within 10 days; however, investigations can take months. Contact the EEOC at the number listed on the complaint and ask for more time if necessary. Getting more time to respond will help you build a thorough response.
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Investigate the issue by interviewing the parties involved. Keep documentation of any interviews or other evidence. Review documentation (if available) surrounding the incident (many businesses document "incidents" just in case a complaint arises in the future). Be thorough in your investigations.
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Respond to the EEOC charge by telling the entire story, and tell it truthfully. According to businessmanagementdaily.com, the EEOC charge might only be a few sentences long, but your response does not need to be short. Go into detail, and provide the EEOC with all the facts.
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Try to demonstrate that your actions were valid, by highlighting decisions you made in the past. For example, assume that a few months ago you fired a man in your agency because he was consistently late. Now you receive an EEOC complaint from a female who was fired because she was late--and she's alleging that the firing was because of her gender. Highlight that the gender had nothing to do with it, and that men had been fired for the same reason.
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Do not lie. Try to resolve the issue outside of court, if applicable. If your business made a mistake, own the mistake--but try to lessen the blow as much as possible. One way is to try to arbitrate the charge and to keep it private. This is not always possible. You will have to make your decision based on the facts and circumstances of the charge. Regardless, be completely honest during the entire process.
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Tips & Warnings
Be advised: The law often changes, and it is filled with potential pitfalls for those seeking to handle their own legal problems. This article is not intended to provide legal advice. You are strongly encouraged to seek the assistance of an attorney.
References
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