How to Write an EEOC Position Statement
An employer typically finds out that a charge of discrimination has been filed when it receives a notice from the U.S. Equal Employment Opportunity Commission. The EEOC notice includes the name and address of the investigator assigned to the case, a copy of the complaint and a deadline to submit a response---referred to by the EEOC as the "statement of position." At the time of filing, no determination has been made with regard to the veracity of the claim. The position statement is the employer's chance to provide its side of the story.
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Instructions
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Get right to the point: Include the company's denial of the claim and a brief summary of the reason for the denial in the first few sentences of the response.
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Explain the company, business practices and a brief description of the charging party's job and department's function within the organization. Avoid jargon and assume the investigator knows nothing about the business.
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Respond to each item listed in the allegation, and rebut each allegation separately. For example, if the charging party has alleged her discharge was motivated by race, indicate the just cause for the discharge, the fact that others have been discharged for the same cause, the current demographic makeup of the workforce and the racial makeup of those who have been discharged---ideally showing that the company has a diverse workforce and the discharged employees are representative of multiple races.
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Respond to any additional questions asked by the EEOC in your response. Typically, you will be asked to provide specific demographic and historical information, such as the percentage of managers that are female, or the ethnic breakdown of the workforce as a whole.
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Submit all relevant supporting evidence along with your statement. The statement's position alone is not enough for the charge to be dismissed---the conclusions in the statement must be backed by documented evidence, which support the claims. Such evidence might include the company's own investigation into the matter, personnel policies and procedures or statistics regarding the demographics of the workforce, for example.
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Tips & Warnings
Seek the advice of an employment law attorney if you have questions or concerns about your response.
Cover each item thoroughly---you only have one chance to present your case before a determination is made. Don't assume it is the investigator's job to seek out additional information; instead, provide everything that is relevant for him to make a decision.
Meet all applicable deadlines---if you fail to do so, the charge will be investigated without the benefit of your input, which is likely to be detrimental to your case.
